Noise coming from a night club

anigys

Hello,
There was a night club opening near my house which plays loud music until 4am during the weekends. I complained about it to the local council a couple of times, to the police and also wrote to the night club itself. None of them was bothered by my problem and I would like to start a private nuisance action before the magistrates court.

Before that, I understand that I need to write a notice to "the person responsible for the noise" or "the property owner". In my case it is a business responsible and they they are the leaseholder of the property, but their service address is in a different place.

Question:
Should I write the notice (and then start proceeding against) the (LTD) company or the director? Should I write to their registered office address or the premises address? Any other advise in how to make the claim successful?

I am afraid that this mail will be returned, so would like to follow the correct procedure to be able to show that it's the compauny's fault they didn't receive the mail.

Thank you

MovingForwards

https://england.shelter.org.uk/legal/housing_conditions/noise/courses_of_action/tort_of_nuisance_noise

It's civil litigation, won't be heard in a magistrates (criminal) court.

anigys

MovingForwards wrote: »

https://england.shelter.org.uk/legal/housing_conditions/noise/courses_of_action/tort_of_nuisance_noise

It's civil litigation, won't be heard in a magistrates (criminal) court.

Why do you think so? The link you provided mentions Environment Protection Act, which says it is magistrates court to act on statutory nuisance:
https://www.legislation.gov.uk/ukpga/1990/43/section/82

If for civil litigation, do you mean county court? Can I use it to force someone to stop the noise (as opposed to getting compensation, which I don't care that much about)?

neilmcl

It's the "occupier" of the property that has a general duty of care to his neighbours and therefore would be liable, so you need to address this to the tenant of the property, not the landlord. Having said that if a landlord either participates with the nuisance or authorises it then they can be held jointly liable but that may be harder to prove.

You can go down the statutory nuisance route via the magistrates court but a private nuisance claim will be held, as all civil cases, at a County or High court.

https://www.richardbuxton.co.uk/the-law/nuisance

Personally I'd go down the statutory nuisance route first as it won't cost you much. Remedies in either court would be an injunction but you would need to go down the civil case route to sue for compensation.

anigys

Thank you for the answer. In this case there is no "tenant" and "landlord": the company which owns the club (and holds the entertainment license) is also a leaseholder of the property (the freeholder is the council).

But the question is: can I start the statutory nuisance action against the company (or against a director) and should I address it to the premises address or their office address?

Ectophile

Legal notices should always go to the registered office of the company. This can be found on the Companies House web site. https://beta.companieshouse.gov.uk/

Fire_Fox

anigys wrote: »

Hello,
There was a night club opening near my house which plays loud music until 4am during the weekends. I complained about it to the local council a couple of times, to the police and also wrote to the night club itself. None of them was bothered by my problem and I would like to start a private nuisance action before the magistrates court.

Before that, I understand that I need to write a notice to "the person responsible for the noise" or "the property owner". In my case it is a business responsible and they they are the leaseholder of the property, but their service address is in a different place.

Any other advise in how to make the claim successful?

Why didn't you stick with the Environmental Health route? Did you maintain a noise diary? Did other residents complain?

Have you read the venue's licensing conditions? Have you pointed out to EH or to your ward councillors that their organisation owns the building?

Statutory noise (criminal) cases are brought by Environmental Health. As I understand it the courts like to see a body of evidence showing attempts to resolve the problem amicably/ semi formally (offer of mediation/ warning letters).

Not sure how far you will get bypassing all that.

neilmcl

Fire_Fox wrote: »

Why didn't you stick with the Environmental Health route? Did you maintain a noise diary? Did other residents complain?

Have you read the venue's licensing conditions? Have you pointed out to EH or to your ward councillors that their organisation owns the building?

Statutory noise (criminal) cases are brought by Environmental Health. As I understand it the courts like to see a body of evidence showing attempts to resolve the problem amicably/ semi formally (offer of mediation/ warning letters).

Not sure how far you will get bypassing all that.

As I mentioned earlier and highlighted in the link I posted, s.82 of the Environmental Protection Act 1990 allows individuals to take statutory nuisance actions in the magistrates court.

edgex

neilmcl wrote: »

As I mentioned earlier and highlighted in the link I posted, s.82 of the Environmental Protection Act 1990 allows individuals to take statutory nuisance actions in the magistrates court.

from your link;

Our experience is that local authorities often do not act, or, if they do, have their action heavily delayed by opponents engaging in protracted appeals procedures. So we often recommend clients to take action themselves, under section 82 EPA 1990.

The OP has not exhausted the first route
& they have no evidence

https://www.environmental-protection.org.uk/policy-areas/air-quality/air-pollution-law-and-policy/pollution-nuisance/
has a section on the private route, re evidence etc


There is also the 'agent of change' principle, if the OP is in a new build
https://www.womblebonddickinson.com/uk/insights/articles-and-briefings/agent-change-principle-new-revised-nppf

anigys

Re: sticking with the Environmental Health route: what is there more to do after being ignored by the council? On the council's webpage, the only thing I can do is "report noise" or "complain to the council", both of which I did. I also wrote to the owners to resolve it amicably first.

Re: evidence: yes, I started the noise diary and also recorded the noise coming from the club after midnight a couple of times.

And yes, I read the licensing conditions and they are being blatantly infringed.

littlerock

Surprised the council ignored it. They closed down a club near us for just your reasons. Talk to your local councillor?