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Reports where noise has been witnessed are always considered on their merits, and a case may be opened and
further enforcement action taken as appropriate.

Cases will be opened where noise is deemed a statutory nuisance that could warrant a Section 80 Noise
Abatement Notice being served or where noise is witnessed on a second occasion and is deemed a potentially
persistent problem.

The following evidence may be used to support a noise nuisance investigation, however, does not solely
determine what constitutes a statutory noise nuisance. Professional judgement is necessary to decide if the
complaint can be considered a statutory nuisance. Evidence, which may be used to support an investigation,
includes;
 Noise diaries: -
 Calls to the Council and the Out of Hours service to report that the noise is Ongoing: -
 Visits by officers and Out of Hours service to witness the noise: -
 Witness statements from officers/Out of Hours officers and the reporting Person/victim: -
 Evidence from noise monitoring equipment.

Noise Diaries: -

Noise diaries completed by the reporting person or victim(s) can assist the noise and nuisance team in deciding
whether the problem is actionable or reasonable by providing details of;
 The nature of the problem: -
 The frequency, time of day and nature of the noise.

Where an abatement notice is to be served, this should be drafted and served within 7 days, starting with the
day on which the relevant officer was first satisfied that the nuisance existed, or was likely to occur or recur.

Where an abatement notice is to be served, this should be drafted and served within 7 days, starting with the
day on which the relevant officer was first satisfied that the nuisance existed, or was likely to occur or recur.

MOTIVE – deliberately using noise to cause annoyance or distress, the noise and nuisance team will
consider the circumstances under which the noise was witnessed.
 Is the behaviour reasonable?
 Is it intentional?
 Can it be controlled?
 Has the accused failed to comply with a previous request to abate the nuisance?

THE NOISE AND NUISANCE TEAM recognises that there is no set decibel limit that needs to be exceeded
for noise to be categorised as a ‘statutory nuisance’. Noise that could potentially be a statutory nuisance
includes;
 Loud music: -
 Loud TV: -
 Loud parties: -
 Playing musical instruments: -
 D.I.Y at unreasonable hours: -
 Dogs barking for prolonged periods: -
 Cockerels crowing: -
 Alarms: -

By way of example, loud music which occurs every other day for a few hours after midnight is likely to be a
nuisance, a cockerel crowing in an urban garden at 5am most summer mornings could be a nuisance and
deliberate banging which occurs solely to cause irritation could also be a nuisance.

If the noise and nuisance team need to gain entry to a property to carry out a seizure of noise making equipment
or for the silencing of an internal alarm, an application will be made to the Magistrates Court for a warrant to do
so.
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