Noise issues

What happens next

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.

Council or housing association tenants

  • If the person responsible for the noise is a tenant of ours or of a housing association, you may wish to contact our housing team or the association directly as they may be able to take action themselves
  • Any evidence we gather may also be used by the Housing authority to start possession proceedings against the person responsible for the noise.

Last Modified: 02/10/2020 15:49:45