Sources of Noise Nuisances
Noise from Construction and Demolition
sites
Whilst there is no law in place to determine
when construction work can be carried out, contractors should be
aware that we have powers under the Environmental Protection Act
1990 to control noise and nuisance from building sites if informal
action and advice doesn’t work.
The generally accepted working hours
construction sites are 7.00am to 7.00pm pm Monday to Friday, 7.00am
to 1.00pm Saturday and where possible, no working on a Sunday or
Bank Holiday. There can sometimes be exceptions to these hours when
special circumstances demand that work is done at other times. For
example, work on railway tracks or stations can only be done when
there are no trains; if heavy plant needs to be brought on site the
Police sometimes insist on it being done on a Sunday to reduce
interference with traffic. In such cases, we encourage contractors
to notify local residents in advance.
Advice for builders and the
construction industry - information leaflets
Construction Noise - Considerate
Contractors ,
Construction leaflet (Polish
version) ,
Noise from DIY building works ,
For concerns about air pollution from dust etc
please see the separate section on this website called Air
Pollution.
Noise from Loud Music and Domestic Properties
One of the most common causes of domestic
noise complaints is loud music. Some people would accept hearing a
loud recording of a violin concerto but they would not tolerate a
quieter dance recording with a heavy bass beat. This difference in
taste, and often lifestyle, means that music complaints are always
difficult to deal with and can lead to stress and arguments between
neighbours.
When noise from a neighbouring property is
causing a nuisance, initially the best way to deal with the problem
is to go to the source and try to resolve it amicably. Often your
neighbour will not be aware that they are even causing a
problem.
There is useful information on domestic noise and their possible
solutions available on the 'Quieter Homes' Environmental
Protection Charity website.
Should you wish to proceed with a complaint
please contact Environmental Health.
Noise from Barking Dogs
Barking comes naturally to dogs, but the
constant barking or whining of a dog can be disturbing or annoying
for the neighbours. Often the problem occurs when the owner of the
dog is out of the house and so the owner doesn’t know until someone
complains.
In law, a barking dog can be a noise nuisance.
The owner can be taken to court if he does nothing to stop the
nuisance.
If you are a dog owner and wish to obtain
advice about avoiding causing a nuisance you may wish to speak to
our Dog Warden, your vet or an animal behaviour expert.
Noise from Pubs and other Licensed Premises
Many pubs, restaurants and other premises are
licensed for regulated entertainment which can include music and
dancing. There will likely be conditions on the individual licence
regarding the times the entertainment can be conducted along with
restrictions on audibility. Complaints in relation to licensed
premises should be addressed to the Licensing Enforcement Officer
in the first instance. The matter may be dealt with in one or more
of the following ways;
- Establishing whether there is enough evidence to ‘review’ the
licence. This could have the effect of either suspending or
revoking the licence or amending some or all of the conditions
attached to the licence. There would be a hearing and evidence from
neighbours can add strength to the case.
- The noise may be classed as a statutory nuisance under the
Environmental Protection Act 1990, if appropriate. This can result
in service of a notice requiring abatement of the noise. Failure to
comply can result in prosecution and/or seizure of noise
equipment.
- There is a Night Noise Offence which results in the service of
a £500 fixed penalty notice. The offence has to occur between the
hours of 11pm and 7am. Following service of a warning notice on the
offending premises, the enforcement officer will take noise
readings and if the noise of the event within the complaints
dwelling is greater than 10dB above the background noise level, a
fixed penalty notice may be served.
For further details on individual licences
along with a public register of each licensed premise in the
Borough (which shows timings and licence conditions), please see
the separate section called The Licensing Act 2003.
If you wish to contact the Licensing
Enforcement Officer please use the contact details below.
Noise from Commercial Premises
Noise from ventilation or refrigeration plant
in commercial premises often causes a problem, particularly at
night when other noise sources are much quieter. If it becomes
necessary to serve a notice in such cases we have to allow time for
any modifications to the plant to be made. Accordingly there isn't
an instant solution.
Noise from Car Alarms and Building Alarms
A car alarm is a useful tool
to protect your valuable property, but when the alarm sounds
regularly or for long periods it can cease being a benefit and
become a nuisance.
Car alarms can be activated when the car
battery is running flat, in strong winds or even when cats jump on
them. If your car alarm keeps going off, or will not switch off
automatically after 20 minutes, it can cause a noise nuisance to
your neighbours. To avoid this you should:
- have the alarm system serviced and repaired by a competent
alarm engineer
- have a cut out fitted to the alarm system and audible warning
device that will silence the alarm not more than 20 minutes after
the first sound
- alternatively, disconnect the alarm system until it has been
repaired
- always ensure that your windows are fully closed when locking
the car as wind entering the car can easily set off the alarm.
For persistent car alarms we will try to find
the owner, but failing that we serve a notice and arrange for a
contractor to disable the alarm.
Building alarms and audible intruder
alarms can cause considerable noise disturbance if left to
sound excessively. In these circumstances we can also serve a
notice, but before we can enter the premises to disable the alarm
we must first obtain a magistrates' warrant. This adds to the time
taken to deal with the problem.
If you have an intruder alarm installed, you
are required by law to ensure that it meets BS 4737 for the
installation, operation and maintenance of the alarm and that the
alarm has a 20 minute cut-off device fitted.
Environmental Health also keeps a register of
key holders for many premises and private dwellings and if you have
an audible intruder alarm fitted you are encouraged to keep your
details up to date with us.
Information leaflet - Noise from Intruder
Alarms ,
How to complain and how we investigate
In the first instance you should see whether
the problem can be resolved informally between neighbours. If this
fails or is not possible we have powers to take action under the
Environmental Protection Act 1990 to deal with complaints of noise
nuisance.
If you complain to us about noise we may ask
you to complete a noise record sheet which logs all incidents of
the noise over a period of time, usually three weeks.. From this
record we will decide how to proceed.
We will write to the person(s) causing the
disturbance to advise them that a complaint has been made but we
will not reveal who has made the complaint. However, please be
aware that depending on the circumstances it may be clear who has
complained by the very nature of the complaint. Further disturbance
could lead to noise monitoring equipment being left in the
complainant’s property to gather evidence and to establish whether
a statutory nuisance is occurring.
Probably the most common form of noise
nuisance, amplified music causes a problem by being played too
loud, too long and too late. The action we take will depend on the
nature of the problem and could range from writing a warning letter
to serving a legal notice. However, the officers on duty are not
expected to intervene at the time they witness the noise, unless
they are sure there is no risk to their safety or if they have the
assistance of the police.
Complainants should be aware that we must
witness the noise before taking action, and if the noise is thought
to be a statutory nuisance the law requires us to serve an
'abatement notice' on the person responsible.
Information leaflet: Noise Nuisance - general
information ,
Statutory Nuisances - what happens
next?
If we can prove the noise is a
statutory nuisance, we are required to take action under Part III
of the Environmental Protection Act 1990 and this would normally
mean serving a Noise Abatement Notice on the person(s) causing the
noise nuisance. This can be the actual person causing the noise or
any person who is allowing the noise nuisance to occur, for example
the landlord of a property with noisy tenants. The abatement notice
would require the statutory nuisance to be stopped and/or prevented
from occurring again. If someone is found guilty of failing to
comply with an abatement notice they can be fined up to a maximum
of £5,000 for domestic noise and up to £20,000 for commercial
noise. If we serve an abatement notice because of excessively loud
music, but the problem continues, we may also seize all the sound
equipment that is causing the problem.
The scope of the notice will vary with
different circumstances, and may require an immediate stop to the
noise or prohibit its recurrence, or, in cases where some work is
necessary, allow a specified time for compliance.
Failure to comply with an abatement notice is
an offence and the Council can prosecute. We may also take what is
called 'default action' in some cases, and this could involve
disabling car or intruder alarms or seizing stereo equipment.
Response Times
For complaints about car or intruder alarms,
we will deal with the matter on the day the complaint is made, or,
if the complaint is received during the late evening, as soon as
possible the next day. For other noise complaints, we will initiate
an investigation as soon as practicable but within a maximum of 5
working day
Taking your own action
There are times when, despite the best efforts
of our officers we cannot obtain the evidence necessary to take
action in respect of a noise nuisance; this can be due to the
unpredictable or irregular nature of the noise. In such
circumstances you may wish to consider taking your own legal action
under Section 82 of the Environmental Protection Act 1990. Please
be aware that this can be an expensive process and you are
encouraged to seek legal advice.
Briefly, the procedure is as follows:
- Keep a written record of the dates, times and nature of the
noise and make the notes at the time the noise occurs. It is
helpful if some indication of the effect of the noise can be
included, for example, "so loud I couldn't hear my own TV".
- Give notice to the person responsible for the noise that you
intend to make a complaint to the Magistrates' Court.
- Make the complaint to the Court.
- Give evidence at the court hearing.
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