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Pub - Noise Pollution

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  • Bluemeanie_2
    Bluemeanie_2 Posts: 1,076 Forumite
    It's not always a case of the council "doing nothing about it." It's usually a case that they don't have a magic wand, and have to gather evidence to prove what's called a "statutory nuisance."

    To serve a noise abatement notice, that will withstand appeal in the Magistrates Court (criminal, so proved beyond all reasonable doubt) the council have to have sufficient evidence. Getting all the other neighbours to complain is unlikely to achieve anything unless you are willing to cooperate.

    What happens at our council (bear in mind, they are bound by the laws that the Government put in place.)

    1.) complaint received, allocated to a case officer.
    2.) case officer contacts complainant, finds out if the noise was a one off party or if it is frequent, loud and is causing the complainant unessary interference with the enjoyment of their home.
    3.) if answer to 2 is yes, the complainant is sent a letter with diary sheets, asking them to record the level, frequency, and how it affects them. They are also advised to contact the case officer when the noise is ongoing and if it is "out of hours" to contact the person on call when it is ongoing to witness it.
    3a.) if the noise is causing a nuisance, I would expect either a warning or an immediate service of a noise abatement notice.
    4.) when the noise diary is returned, a case officer will review it and make a further assessment to deem if the noise if causing the issues listed in point 2.
    5.) if it has still not been witnessed by an officer, usually noise monitoring equipment gets installed so the evidence can be gathered.
    6.) evidence recorded on kit = noise abatement notice issued.

    Our team also deal with licences premises through their licence condition and pull them in for a review.

    OP if you have genuinely done some of the things in my list above and the council have really "done nothing" I would ring up and have a chat with the team leader or follow the councils complaint procedure.

    If you are guilty of not doing as they asked, like returning diary sheets or contacting the out of hours officer when you have been asked to etc, then going to your Cllr won't do anything. Nor will getting all of the other neighbours to complain. All that will happen is the process of proving nuisance will be explained to them instead of you and they will say "Ms X was sent diary sheets on this date and none were returned." So on and so forth.
    I'm never offended by debate & opinions. As a wise man called Voltaire once said, "I disagree with what you say, but will defend until death your right to say it."
    Mortgage is my only debt - Original mortgage - January 2008 = £88,400, March 2014 = £47,000 Chipping away slowly! Now saving to move.
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