Noise nuisances

Abatement Notice

• If you make a complaint about noise and we determine that a statutory nuisance exists, we will serve an abatement notice on the person responsible.
• The person responsible must ensure that the noise nuisance stops.
• If the person responsible is likely to stop the noise nuisance voluntarily – we may defer serving the abatement notice for up to seven days. 
• Anyone who does not comply with the requirements of an abatement notice may be prosecuted in the magistrates court and be liable, subject to conviction, for a maximum fine of £5,000 (or £20,000 if the responsible party is a company).

Appeals

• Those who receive a notice have the right of appeal to the magistrates court within 21 days of receiving the notice
• At an appeal hearing the magistrate will listen to the evidence justifying our action.
•  If you have made the complaint you are likely to be asked to provide a witness statement in and, if necessary, appear in court to explain how the noise impacts on the use and enjoyment of your property.
• If the appeal is successful the magistrate may vary the requirements of the notice or withdraw it completely
• If the appeal is unsuccessful the notice remains in force.

Where the noise continues

• If the noise continues after we serve the notice, we must gather evidence to prove that the notice is being breached. 
• You will be asked to continue keeping your noise diary and officers will attempt to witness the noise through visits and use of the recording equipment.
• We consider each contravention in the context of our Enforcement Policy and will decide the appropriate enforcement option.
• This may be issuing a simple caution, seizure of noise making equipment, prosecution in the magistrates court or a combination of these measures.
• If the issue goes to court you will be asked to support us by providing a witness statement and, if necessary, to appear in court.