Disturbances
14 June 2007, 02:44 PM
#1
Scooby Regular
Thread Starter
Join Date: Nov 2005
Location: LONDON MANDEM - At Da V-Power Petty Station Fillin Up
Posts: 1,177
Likes: 0
Received 0 Likes
on
0 Posts
Disturbances
Disturbances 
Right, for the past 6 months at 5 in the morning once a week during a work days of Monday to Friday I get woken up!!!! There is this big building at the back of my house called a Teacher Training Centre. They have recently 6 months ago got this big carton at the back of my house but next to there building. (Abit like when you import a car from another country in one of them metal containers)
During the morning at 5 o’clock you hear the dust bin man drive into the building waking everyone up & stop there van & start to pick up the whole carton up & empty it out there & then on the spot! (CRASH BANG WOLOOP FOR 1MIN)
By this time the echo of sound has gone back & forth waking up 10 houses.. + Half of the main road where the dustbin van came from. I can hear my next door lot who have 2 twin’s baby boys screaming it out; the other side having family from abroad there is 2 girls at the age of 4 & 5. 1 boy aged at 3 along with a newly born baby (bless) all scared crying for mum! A few houses down I can hear the dog barking in the garden due to he’s sleep being fuked over as well. In my house I have my mum & dad who are very old & both having cancer & them getting even more less sleep due to this dose not help one bloody bit. This has never happened in all of my 23years that I’ve been living here…
Don’t get me wrong they are doing there job, after 23years? Are they having a bobble?
During the day it’s the same but you get it every now & then it’s a real nightmare…
My Q is who do I go to who can help me sort this out? & what way should I go on about it??
Your views & comments pls
14 June 2007, 02:51 PM
#2
Scooby Regular
Join Date: Jun 2007
Location: Barnsley
Posts: 1,615
Likes: 0
Received 0 Likes
on
0 Posts
I dunno mate but its not really what your mum and dad need is it 
, or half the street for that matter, maybe a signed petition and present the teacher training centre it, or you could simply have a word and explain whats going on, and that they are gonna have to try doing it at a different time.
If they get the tit on, you could just go to the council/councillor. Im not sure theres much you can do about it on your own really.
, or half the street for that matter, maybe a signed petition and present the teacher training centre it, or you could simply have a word and explain whats going on, and that they are gonna have to try doing it at a different time.If they get the tit on, you could just go to the council/councillor. Im not sure theres much you can do about it on your own really.
14 June 2007, 03:00 PM
#4
Scooby Regular
Thread Starter
Join Date: Nov 2005
Location: LONDON MANDEM - At Da V-Power Petty Station Fillin Up
Posts: 1,177
Likes: 0
Received 0 Likes
on
0 Posts
14 June 2007, 03:01 PM
#5
Scooby Regular
Join Date: Oct 2003
Location: Tellins, Home of Super Leagues finest, and where a "split" is not all it seems.
Posts: 5,504
Likes: 0
Received 0 Likes
on
0 Posts
Absolutely - a word with the building manager to get him to ask for a change to the collection times. If he doesnt comply a word with the company themselves (if it is a private company)...
If they dont comply then either burn down the teacher training building, thus negating any future rubbish collections, or alternatively contact the council or local councillor... My local councillor likes nothing more than to impress her powers on local industry if it affect the quality of life of residents...
If they dont comply then either burn down the teacher training building, thus negating any future rubbish collections, or alternatively contact the council or local councillor... My local councillor likes nothing more than to impress her powers on local industry if it affect the quality of life of residents...
14 June 2007, 03:04 PM
#6
Scooby Senior
Join Date: Mar 2003
Location: Next door to the WiFi connection
Posts: 16,293
Likes: 0
Received 0 Likes
on
0 Posts
You lost me now.
14 June 2007, 03:15 PM
#7
If they dont comply then either burn down the teacher training building, thus negating any future rubbish collections
Could take months to clear that lot up!
Trending Topics
14 June 2007, 03:26 PM
#8
Scooby Regular
Thread Starter
Join Date: Nov 2005
Location: LONDON MANDEM - At Da V-Power Petty Station Fillin Up
Posts: 1,177
Likes: 0
Received 0 Likes
on
0 Posts
14 June 2007, 03:48 PM
#9
Moderator
Join Date: Dec 1998
Location: Staffs
Posts: 23,573
Likes: 0
Received 0 Likes
on
0 Posts
My girlfriend's sister had a similar problem. Binmen would be out collecting bins at silly-am.
A letter to the council got it stopped. After a break they started it again, so another letter to the council, CC'd to her local councilier and the company that had the contract for the bins.
I think she made a note in the letter asking if they were allowed to start work so early under insurance, H&S etc.
A letter to the council got it stopped. After a break they started it again, so another letter to the council, CC'd to her local councilier and the company that had the contract for the bins.
I think she made a note in the letter asking if they were allowed to start work so early under insurance, H&S etc.
14 June 2007, 03:52 PM
#10
Scooby Regular
Join Date: Aug 2004
Location: Well it's the closest i can get to my Civic Type R
Posts: 21,063
Likes: 0
Received 0 Likes
on
0 Posts
Are there not laws against collections of this sort near a residential area stopping them collecting at unsociable hours?
14 June 2007, 03:53 PM
#11
Scooby Regular
Join Date: Feb 2005
Location: Near Bristol
Posts: 1,164
Likes: 0
Received 0 Likes
on
0 Posts
not sure if this will help but working in the construction industry we have to worry about noise and the neighbours around us.
usually in a residential/built up area you are not allowed to make much in the way of noise by law before the hours of 8am and after 6pm. not sure of the source of the exact law, i will try and find it.
i would imagine this would apply in your case too.
did they pre warn you that this could happen at 5am?, as also by law you should inform your residential neighbours of any activity in the anti social hours.
tell them this and see what they say, if not i would go to the council and complain.
usually in a residential/built up area you are not allowed to make much in the way of noise by law before the hours of 8am and after 6pm. not sure of the source of the exact law, i will try and find it.
i would imagine this would apply in your case too.
did they pre warn you that this could happen at 5am?, as also by law you should inform your residential neighbours of any activity in the anti social hours.
tell them this and see what they say, if not i would go to the council and complain.
14 June 2007, 03:59 PM
#12
Scooby Regular
Join Date: Mar 2007
Location: dorset
Posts: 527
Likes: 0
Received 0 Likes
on
0 Posts
specifically speak to the environmental health dept of your council, try to get your neighbours to do the same, if you get no joy, then chain the gates closed of the training center (assuming it has gates), and unlock them at a reasonable hour.
14 June 2007, 04:06 PM
#13
some useful info here
The Environmental Protection Act 1990 (Sections 79 - 82), has this to say:
"For a noise to constitute a "nuisance" in the legal sense, it must be unreasonable and cause substantial interference to normal domestic activities.
"The frequency and duration of individual occurrences, loudness, time of day/night, as well as the length of time the nuisance has been caused (weeks/months) are amongst the factors which are taken into consideration".
"For a noise to constitute a "nuisance" in the legal sense, it must be unreasonable and cause substantial interference to normal domestic activities.
"The frequency and duration of individual occurrences, loudness, time of day/night, as well as the length of time the nuisance has been caused (weeks/months) are amongst the factors which are taken into consideration".
14 June 2007, 04:07 PM
#14
Scooby Regular
Join Date: Feb 2005
Location: Near Bristol
Posts: 1,164
Likes: 0
Received 0 Likes
on
0 Posts
maybe this will help: taken from the noise act of 1996.
there are so many different noise regs but see if this helps.
Noise Act 1996
--------------------------------------------------------------------------------
This Act came into force in 1996 and applies to England, Wales and Northern Ireland.
It deals with noise emitted from residential dwellings between the hours of 11:00pm and 7:00am, but does not apply to commercial premises, except those licensed under the Licensing Act 2003, in England. It enables a local authority to serve a warning notice where excessive noise is being emitted which exceeds the permitted level.
This Act is adoptive, which means that the provisions only come into force if a local authority passes a resolution to that effect.
Definitions
In the context of this Act:
"Local authority" means any of the following:
London borough council;
common council of the City of London;
district council in Northern Ireland;
council of any county;
council of a county borough;
council of the Isles of Scilly.
"Dwelling" means any building, or part of a building, used as a dwelling.
"Premises" refers to those premises in England only, which are licensed under the Licensing Act 2003.
Any reference to noise emitted from a dwelling, includes noise emitted from any garden, yard, outhouse or other equipment belonging to, or enjoyed, with the dwelling.
Application
This Act applies to the area of every local authority in England and Wales.
Investigation of Complaints of Noise at night
In England, if a local authority receives a complaint that a dwelling or any premises for which a premises licence or a temporary event notice has effect under the Licensing Act 2003, is emitting excessive noise between the hours of 11:00pm and 7:00am, they must arrange for an officer to investigate the complaint.
In Wales and Northern Ireland, if a local authority receives a complaint that a dwelling is emitting excessive noise between the hours of 11:00pm and 7:00am, they must arrange for an officer to investigate the complaint.
If the officer then believes that a noise is being emitted from the offending dwelling or premises during these hours, and if it was measured would exceed the permitted level, they can serve a warning notice on the person in question.
Warning Notices
A warning notice served under this Act must:
state that an officer believes the noise is being emitted between the hours of 11:00pm and 7:00am, and if it was measured would exceed the permitted level;
give warning that any person who is responsible for the noise may be guilty of an offence;
be delivered to anyone in the vicinity of the dwelling in question, who the officer believes is responsible for the noise;
be left at the dwelling in question, if it is not possible to identify who is responsible for the noise.
In England, where the complaint is in relation to other premises, a warning notice must be served on the person who the officer believes is the person responsible in relation to the offending premises at the time the notice is delivered.
Where a premises licence under the Licensing Act 2003 has effect, the person responsible could be:
the person who holds the premises licence;
the designated premises supervisor under the licence;
any other person present at the premises at that time who is in charge of the premises.
Where a temporary event notice under the Licensing Act 2003 has effect, the person responsible could be:
the premises user in relation to that notice;
any other person present at the premises at that time who is in charge of the premises.
Offence Where Noise Exceeds Permitted Level After Service of Notice
It is an offence not to comply with the provisions of a warning notice issued with regard to noise from a dwelling, and anyone doing so may be liable on summary conviction, to a fine of up to level three on the standard scale.
In England, it is also an offence not to comply with the provisions of a warning notice issued with regard to noise from other premises, and anyone doing so may be liable on summary conviction, to a fine of up to level five on the standard scale.
Permitted Level of Noise
In England, the appropriate person can determine the maximum level of noise which may be emitted between the hours of 11:00pm and 7:00am from any dwelling or other premises. This permitted level will be a level applicable to noise measured from within any other dwelling or premises in the vicinity, by an approved device.
In Wales and Northern Ireland, the Secretary of State can determine the maximum level of noise which may be emitted between the hours of 11:00pm and 7:00am from any dwelling. This permitted level will be a level applicable to noise measured from within any other dwelling in the vicinity, by an approved device.
Different permitted levels can be determined for different circumstances and can be done by reference to other levels of noise.
Fixed Penalty Notices
Where an officer believes that anyone is guilty of an offence of emitting noise which exceeds the permitted level after the service of a warning notice, they can serve them a fixed penalty notice, whereby they will not be convicted of the offence in question if they pay a set fine.
In England, Wales and Northern Ireland, the fixed penalty for a noise offence in relation to a dwelling is set at £100.
In England, the fixed penalty for a noise offence in relation to other premises is set at £500.
Powers of Entry and Seizure
An officer can enter a dwelling or other premises from which noise is being emitted and seize and remove any equipment they feel necessary. This can be done if they believe that although a warning notice has been served, noise is still being emitted from that dwelling or premises between the hours of 11:00pm and 7:00am, which exceeds the permitted level.
It is an offence to obstruct an officer carrying out their powers under this section, and anyone doing so may be liable on summary conviction, to a fine of up to level three on the standard scale.
Revocations and Amendments
This Act has been amended by the:
Anti-social Behaviour Act 2003, insofar as it applies to England and Wales;
Clean Neighbourhoods and Environment Act 2005, insofar as it applies to England and Wales.
See Also
For further information on this subject, refer to the:
Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations SI 2006/783.
there are so many different noise regs but see if this helps.
Noise Act 1996
--------------------------------------------------------------------------------
This Act came into force in 1996 and applies to England, Wales and Northern Ireland.
It deals with noise emitted from residential dwellings between the hours of 11:00pm and 7:00am, but does not apply to commercial premises, except those licensed under the Licensing Act 2003, in England. It enables a local authority to serve a warning notice where excessive noise is being emitted which exceeds the permitted level.
This Act is adoptive, which means that the provisions only come into force if a local authority passes a resolution to that effect.
Definitions
In the context of this Act:
"Local authority" means any of the following:
London borough council;
common council of the City of London;
district council in Northern Ireland;
council of any county;
council of a county borough;
council of the Isles of Scilly.
"Dwelling" means any building, or part of a building, used as a dwelling.
"Premises" refers to those premises in England only, which are licensed under the Licensing Act 2003.
Any reference to noise emitted from a dwelling, includes noise emitted from any garden, yard, outhouse or other equipment belonging to, or enjoyed, with the dwelling.
Application
This Act applies to the area of every local authority in England and Wales.
Investigation of Complaints of Noise at night
In England, if a local authority receives a complaint that a dwelling or any premises for which a premises licence or a temporary event notice has effect under the Licensing Act 2003, is emitting excessive noise between the hours of 11:00pm and 7:00am, they must arrange for an officer to investigate the complaint.
In Wales and Northern Ireland, if a local authority receives a complaint that a dwelling is emitting excessive noise between the hours of 11:00pm and 7:00am, they must arrange for an officer to investigate the complaint.
If the officer then believes that a noise is being emitted from the offending dwelling or premises during these hours, and if it was measured would exceed the permitted level, they can serve a warning notice on the person in question.
Warning Notices
A warning notice served under this Act must:
state that an officer believes the noise is being emitted between the hours of 11:00pm and 7:00am, and if it was measured would exceed the permitted level;
give warning that any person who is responsible for the noise may be guilty of an offence;
be delivered to anyone in the vicinity of the dwelling in question, who the officer believes is responsible for the noise;
be left at the dwelling in question, if it is not possible to identify who is responsible for the noise.
In England, where the complaint is in relation to other premises, a warning notice must be served on the person who the officer believes is the person responsible in relation to the offending premises at the time the notice is delivered.
Where a premises licence under the Licensing Act 2003 has effect, the person responsible could be:
the person who holds the premises licence;
the designated premises supervisor under the licence;
any other person present at the premises at that time who is in charge of the premises.
Where a temporary event notice under the Licensing Act 2003 has effect, the person responsible could be:
the premises user in relation to that notice;
any other person present at the premises at that time who is in charge of the premises.
Offence Where Noise Exceeds Permitted Level After Service of Notice
It is an offence not to comply with the provisions of a warning notice issued with regard to noise from a dwelling, and anyone doing so may be liable on summary conviction, to a fine of up to level three on the standard scale.
In England, it is also an offence not to comply with the provisions of a warning notice issued with regard to noise from other premises, and anyone doing so may be liable on summary conviction, to a fine of up to level five on the standard scale.
Permitted Level of Noise
In England, the appropriate person can determine the maximum level of noise which may be emitted between the hours of 11:00pm and 7:00am from any dwelling or other premises. This permitted level will be a level applicable to noise measured from within any other dwelling or premises in the vicinity, by an approved device.
In Wales and Northern Ireland, the Secretary of State can determine the maximum level of noise which may be emitted between the hours of 11:00pm and 7:00am from any dwelling. This permitted level will be a level applicable to noise measured from within any other dwelling in the vicinity, by an approved device.
Different permitted levels can be determined for different circumstances and can be done by reference to other levels of noise.
Fixed Penalty Notices
Where an officer believes that anyone is guilty of an offence of emitting noise which exceeds the permitted level after the service of a warning notice, they can serve them a fixed penalty notice, whereby they will not be convicted of the offence in question if they pay a set fine.
In England, Wales and Northern Ireland, the fixed penalty for a noise offence in relation to a dwelling is set at £100.
In England, the fixed penalty for a noise offence in relation to other premises is set at £500.
Powers of Entry and Seizure
An officer can enter a dwelling or other premises from which noise is being emitted and seize and remove any equipment they feel necessary. This can be done if they believe that although a warning notice has been served, noise is still being emitted from that dwelling or premises between the hours of 11:00pm and 7:00am, which exceeds the permitted level.
It is an offence to obstruct an officer carrying out their powers under this section, and anyone doing so may be liable on summary conviction, to a fine of up to level three on the standard scale.
Revocations and Amendments
This Act has been amended by the:
Anti-social Behaviour Act 2003, insofar as it applies to England and Wales;
Clean Neighbourhoods and Environment Act 2005, insofar as it applies to England and Wales.
See Also
For further information on this subject, refer to the:
Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations SI 2006/783.
14 June 2007, 08:23 PM
#15
Scooby Regular
Thread Starter
Join Date: Nov 2005
Location: LONDON MANDEM - At Da V-Power Petty Station Fillin Up
Posts: 1,177
Likes: 0
Received 0 Likes
on
0 Posts
not sure if this will help but working in the construction industry we have to worry about noise and the neighbours around us.
usually in a residential/built up area you are not allowed to make much in the way of noise by law before the hours of 8am and after 6pm. not sure of the source of the exact law, i will try and find it.
i would imagine this would apply in your case too.
did they pre warn you that this could happen at 5am?, as also by law you should inform your residential neighbours of any activity in the anti social hours.
tell them this and see what they say, if not i would go to the council and complain.
usually in a residential/built up area you are not allowed to make much in the way of noise by law before the hours of 8am and after 6pm. not sure of the source of the exact law, i will try and find it.
i would imagine this would apply in your case too.
did they pre warn you that this could happen at 5am?, as also by law you should inform your residential neighbours of any activity in the anti social hours.
tell them this and see what they say, if not i would go to the council and complain.
14 June 2007, 08:25 PM
#16
Scooby Regular
Thread Starter
Join Date: Nov 2005
Location: LONDON MANDEM - At Da V-Power Petty Station Fillin Up
Posts: 1,177
Likes: 0
Received 0 Likes
on
0 Posts
maybe this will help: taken from the noise act of 1996.
there are so many different noise regs but see if this helps.
Noise Act 1996
--------------------------------------------------------------------------------
This Act came into force in 1996 and applies to England, Wales and Northern Ireland.
It deals with noise emitted from residential dwellings between the hours of 11:00pm and 7:00am, but does not apply to commercial premises, except those licensed under the Licensing Act 2003, in England. It enables a local authority to serve a warning notice where excessive noise is being emitted which exceeds the permitted level.
This Act is adoptive, which means that the provisions only come into force if a local authority passes a resolution to that effect.
Definitions
In the context of this Act:
"Local authority" means any of the following:
London borough council;
common council of the City of London;
district council in Northern Ireland;
council of any county;
council of a county borough;
council of the Isles of Scilly.
"Dwelling" means any building, or part of a building, used as a dwelling.
"Premises" refers to those premises in England only, which are licensed under the Licensing Act 2003.
Any reference to noise emitted from a dwelling, includes noise emitted from any garden, yard, outhouse or other equipment belonging to, or enjoyed, with the dwelling.
Application
This Act applies to the area of every local authority in England and Wales.
Investigation of Complaints of Noise at night
In England, if a local authority receives a complaint that a dwelling or any premises for which a premises licence or a temporary event notice has effect under the Licensing Act 2003, is emitting excessive noise between the hours of 11:00pm and 7:00am, they must arrange for an officer to investigate the complaint.
In Wales and Northern Ireland, if a local authority receives a complaint that a dwelling is emitting excessive noise between the hours of 11:00pm and 7:00am, they must arrange for an officer to investigate the complaint.
If the officer then believes that a noise is being emitted from the offending dwelling or premises during these hours, and if it was measured would exceed the permitted level, they can serve a warning notice on the person in question.
Warning Notices
A warning notice served under this Act must:
state that an officer believes the noise is being emitted between the hours of 11:00pm and 7:00am, and if it was measured would exceed the permitted level;
give warning that any person who is responsible for the noise may be guilty of an offence;
be delivered to anyone in the vicinity of the dwelling in question, who the officer believes is responsible for the noise;
be left at the dwelling in question, if it is not possible to identify who is responsible for the noise.
In England, where the complaint is in relation to other premises, a warning notice must be served on the person who the officer believes is the person responsible in relation to the offending premises at the time the notice is delivered.
Where a premises licence under the Licensing Act 2003 has effect, the person responsible could be:
the person who holds the premises licence;
the designated premises supervisor under the licence;
any other person present at the premises at that time who is in charge of the premises.
Where a temporary event notice under the Licensing Act 2003 has effect, the person responsible could be:
the premises user in relation to that notice;
any other person present at the premises at that time who is in charge of the premises.
Offence Where Noise Exceeds Permitted Level After Service of Notice
It is an offence not to comply with the provisions of a warning notice issued with regard to noise from a dwelling, and anyone doing so may be liable on summary conviction, to a fine of up to level three on the standard scale.
In England, it is also an offence not to comply with the provisions of a warning notice issued with regard to noise from other premises, and anyone doing so may be liable on summary conviction, to a fine of up to level five on the standard scale.
Permitted Level of Noise
In England, the appropriate person can determine the maximum level of noise which may be emitted between the hours of 11:00pm and 7:00am from any dwelling or other premises. This permitted level will be a level applicable to noise measured from within any other dwelling or premises in the vicinity, by an approved device.
In Wales and Northern Ireland, the Secretary of State can determine the maximum level of noise which may be emitted between the hours of 11:00pm and 7:00am from any dwelling. This permitted level will be a level applicable to noise measured from within any other dwelling in the vicinity, by an approved device.
Different permitted levels can be determined for different circumstances and can be done by reference to other levels of noise.
Fixed Penalty Notices
Where an officer believes that anyone is guilty of an offence of emitting noise which exceeds the permitted level after the service of a warning notice, they can serve them a fixed penalty notice, whereby they will not be convicted of the offence in question if they pay a set fine.
In England, Wales and Northern Ireland, the fixed penalty for a noise offence in relation to a dwelling is set at £100.
In England, the fixed penalty for a noise offence in relation to other premises is set at £500.
Powers of Entry and Seizure
An officer can enter a dwelling or other premises from which noise is being emitted and seize and remove any equipment they feel necessary. This can be done if they believe that although a warning notice has been served, noise is still being emitted from that dwelling or premises between the hours of 11:00pm and 7:00am, which exceeds the permitted level.
It is an offence to obstruct an officer carrying out their powers under this section, and anyone doing so may be liable on summary conviction, to a fine of up to level three on the standard scale.
Revocations and Amendments
This Act has been amended by the:
Anti-social Behaviour Act 2003, insofar as it applies to England and Wales;
Clean Neighbourhoods and Environment Act 2005, insofar as it applies to England and Wales.
See Also
For further information on this subject, refer to the:
Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations SI 2006/783.
there are so many different noise regs but see if this helps.
Noise Act 1996
--------------------------------------------------------------------------------
This Act came into force in 1996 and applies to England, Wales and Northern Ireland.
It deals with noise emitted from residential dwellings between the hours of 11:00pm and 7:00am, but does not apply to commercial premises, except those licensed under the Licensing Act 2003, in England. It enables a local authority to serve a warning notice where excessive noise is being emitted which exceeds the permitted level.
This Act is adoptive, which means that the provisions only come into force if a local authority passes a resolution to that effect.
Definitions
In the context of this Act:
"Local authority" means any of the following:
London borough council;
common council of the City of London;
district council in Northern Ireland;
council of any county;
council of a county borough;
council of the Isles of Scilly.
"Dwelling" means any building, or part of a building, used as a dwelling.
"Premises" refers to those premises in England only, which are licensed under the Licensing Act 2003.
Any reference to noise emitted from a dwelling, includes noise emitted from any garden, yard, outhouse or other equipment belonging to, or enjoyed, with the dwelling.
Application
This Act applies to the area of every local authority in England and Wales.
Investigation of Complaints of Noise at night
In England, if a local authority receives a complaint that a dwelling or any premises for which a premises licence or a temporary event notice has effect under the Licensing Act 2003, is emitting excessive noise between the hours of 11:00pm and 7:00am, they must arrange for an officer to investigate the complaint.
In Wales and Northern Ireland, if a local authority receives a complaint that a dwelling is emitting excessive noise between the hours of 11:00pm and 7:00am, they must arrange for an officer to investigate the complaint.
If the officer then believes that a noise is being emitted from the offending dwelling or premises during these hours, and if it was measured would exceed the permitted level, they can serve a warning notice on the person in question.
Warning Notices
A warning notice served under this Act must:
state that an officer believes the noise is being emitted between the hours of 11:00pm and 7:00am, and if it was measured would exceed the permitted level;
give warning that any person who is responsible for the noise may be guilty of an offence;
be delivered to anyone in the vicinity of the dwelling in question, who the officer believes is responsible for the noise;
be left at the dwelling in question, if it is not possible to identify who is responsible for the noise.
In England, where the complaint is in relation to other premises, a warning notice must be served on the person who the officer believes is the person responsible in relation to the offending premises at the time the notice is delivered.
Where a premises licence under the Licensing Act 2003 has effect, the person responsible could be:
the person who holds the premises licence;
the designated premises supervisor under the licence;
any other person present at the premises at that time who is in charge of the premises.
Where a temporary event notice under the Licensing Act 2003 has effect, the person responsible could be:
the premises user in relation to that notice;
any other person present at the premises at that time who is in charge of the premises.
Offence Where Noise Exceeds Permitted Level After Service of Notice
It is an offence not to comply with the provisions of a warning notice issued with regard to noise from a dwelling, and anyone doing so may be liable on summary conviction, to a fine of up to level three on the standard scale.
In England, it is also an offence not to comply with the provisions of a warning notice issued with regard to noise from other premises, and anyone doing so may be liable on summary conviction, to a fine of up to level five on the standard scale.
Permitted Level of Noise
In England, the appropriate person can determine the maximum level of noise which may be emitted between the hours of 11:00pm and 7:00am from any dwelling or other premises. This permitted level will be a level applicable to noise measured from within any other dwelling or premises in the vicinity, by an approved device.
In Wales and Northern Ireland, the Secretary of State can determine the maximum level of noise which may be emitted between the hours of 11:00pm and 7:00am from any dwelling. This permitted level will be a level applicable to noise measured from within any other dwelling in the vicinity, by an approved device.
Different permitted levels can be determined for different circumstances and can be done by reference to other levels of noise.
Fixed Penalty Notices
Where an officer believes that anyone is guilty of an offence of emitting noise which exceeds the permitted level after the service of a warning notice, they can serve them a fixed penalty notice, whereby they will not be convicted of the offence in question if they pay a set fine.
In England, Wales and Northern Ireland, the fixed penalty for a noise offence in relation to a dwelling is set at £100.
In England, the fixed penalty for a noise offence in relation to other premises is set at £500.
Powers of Entry and Seizure
An officer can enter a dwelling or other premises from which noise is being emitted and seize and remove any equipment they feel necessary. This can be done if they believe that although a warning notice has been served, noise is still being emitted from that dwelling or premises between the hours of 11:00pm and 7:00am, which exceeds the permitted level.
It is an offence to obstruct an officer carrying out their powers under this section, and anyone doing so may be liable on summary conviction, to a fine of up to level three on the standard scale.
Revocations and Amendments
This Act has been amended by the:
Anti-social Behaviour Act 2003, insofar as it applies to England and Wales;
Clean Neighbourhoods and Environment Act 2005, insofar as it applies to England and Wales.
See Also
For further information on this subject, refer to the:
Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations SI 2006/783.
woow... where did u get this info from mate?
14 June 2007, 08:46 PM
#17
Scooby Regular
Join Date: May 2006
Location: York Scoobs. . . . Onwards & Upwards
Posts: 4,702
Likes: 0
Received 0 Likes
on
0 Posts
It has always been the law, you cannot make a distinctable audible noise after 11pm and before 7am within a habitable area.
I`d get onto the Enviromental Health if I were you.
HTH
Ant
I`d get onto the Enviromental Health if I were you.
HTH
Ant
15 June 2007, 07:07 AM
#18
Scooby Regular
Join Date: Feb 2005
Location: Near Bristol
Posts: 1,164
Likes: 0
Received 0 Likes
on
0 Posts
i managed to find it on our company intranet, there are sections for everything on there. being a large main building contractor we need to know this for all our sites.
hope it helps, at least present them with it and see what they have to say.
hope it helps, at least present them with it and see what they have to say.
