Housing Solicitors

Bromley Council has prosecuted a local man on three occasions for breaking an Abatement Notice.

In December 2011, Warren Day of Perth Road in Beckenham was issued with a Notice ordering him to cease playing loud music. On 4 December 2014, a Bromley Council Noise Officer attending a neighbouring property witnessed loud amplified music coming from his property and was satisfied that a breach of the Notice had occurred.

From the evening of 14 January 2015 until the early hours of 15 January 2015, the council obtained audio recordings of loud amplified music at Mr Day’s property.

Further recordings were obtained from the evening of 16 January 2015 until the early hours of 17 January 2015.
Following a review of these recordings, the council was satisfied that there had been two further breaches of the Abatement Notice.

On Tuesday 19 January 2016 at Bexley Magistrates’ Court, Day was found guilty on three counts of breaching the Abatement Notice.

It is the council’s third successful prosecution within five years since the Notice was served on Day. He denied all charges, but magistrates found in favour of the London Borough of Bromley on all three charges.
Day was fined a total of £225, ordered to pay £500 in costs as well as a £20 victim surcharge.

At the hearing, magistrates also commented on the information provided by Bromley Council Officers giving evidence in this case, as well as the credibility of the evidence.

Despite Mr Day’s defence having an experienced expert witness with regard to the recordings, the bench was not convinced that the council officers’ opinions were “incorrect and invalid”, and Day was convicted.
After the hearing, Bromley Council’s Executive Member for Public Protection and Safety, Councillor Kate Lymer said:

“This prosecution demonstrates that we will pursue those who breach Notices served against them.

“If a Noise Abatement Notice is not enough to stop someone causing a nuisance, officers will continue to take action until the offender ceases their disruptive activities.”
Noise intrusion caused by playing loud music, televisions or as a result of nuisance such as shouting or repeatedly slamming doors is a statutory offence under the Environmental Protection Act 1990.

The Act applies to noise and nuisance from both commercial and residential premises, as well as noise from machinery or vehicles, nuisance caused by artificial light from premises, or air pollution from smoke or odours from premises. Barking dogs may also constitute a statutory nuisance.

Fines for breaking an Abatement Notice can be up to £5,000, with commercial premises causing nuisance facing penalties of up to £20,000.

Duncan Lewis Housing Solicitors – Nuisance Neighbours

Duncan Lewis housing solicitors can advise on how to tackle nuisance neighbours within the law, including dealing with noise intrusion from music or parties, harassment or threatening behaviour, drug dealing on neighbouring premises, noisy bars and clubs, or noise or air pollution from commercial premises.
There are Duncan Lewis offices nationwide – and Duncan Lewis offers competitively priced fixed fees whenever possible.

For expert legal advice on tackling nuisance neighbours, call Duncan Lewis housing solicitors on 0333 772 0409.