Housing Solicitors

A former company director has been ordered to pay £11,000 in compensation for noise nuisance caused to local residents after he persistently breached noise abatement notices from Bexley Council.

Paul John Moran owned The Bank Restaurant and Bar Ltd – previously trading in Bexleyheath as Bank 269.

Officers from the London Borough of Bexley's Environmental Protection team first received a complaint about noise from The Bank in February 2014.

Investigations found that the business had recently changed the nature of its operation – and had started playing loud music at the premises on Friday and Saturday nights, at volumes that were causing noise nuisance to residents in the flat above.

The council served noise abatement notices in July 2014, which the business initially appealed, but then withdrew its appeal in early February 2015.

Throughout this time, officers tried to work with the business to help it to comply with the abatement notices and to stop noise nuisance. However, the following week the Council received a complaint that the noise nuisance was continuing, and re-started its investigations.

Evidence obtained from both noise recording equipment and visits by Environmental Protection staff established that the noise nuisance was both continuing and getting worse – and that previous advice given had not been acted upon.

On 6 March 2015, officers used a warrant to seize sound equipment from the premises, to try and bring an end to the nuisance – and council officers used a warrant to seize sound equipment from the premises. However, the business replaced the equipment the following day and continued to cause noise nuisance, which was witnessed by officers as worse than before.

The start of legal proceedings at the beginning of April 2015 for failing to comply with the noise abatement notice also failed to deter the business. It was not until a second separate legal action by the council, in which an application was made to the High Court in May 2015, that the nuisance finally ceased and the business was sold.

The prosecution was brought against The Bank Restaurant and Bar Ltd –
as well as against Scott Collins, 32, of Upton Road in Bexleyheath (formerly of Wren Road, Sidcup) and Paul Moran, 36, of Winnipeg Drive, Orpington in Kent, who were the manager and company director, respectively, at the time of the offence.

As the case involved prosecution of The Bank Restaurant and Bar Ltd itself, the company's new owners became liable when they took the company over – and they pleaded guilty to the offence at an earlier hearing in August.

In recognition of the substantial refurbishment of the premises, return of the business operations to that of a restaurant, change in ownership and management at the business and early guilty plea, the company was given an absolute discharge and ordered to pay £1,000 towards the council's costs.

At Bexley Magistrates' Court, at the start of the trial for Collins and Moran, Collins changed his plea to guilty. The court fined him £3,000 and ordered him to pay £1,400 costs and £120 victim surcharge – telling him that as the manager and designated premises supervisor for the business, he had been in a position that would have allowed him to control the levels of music played in the premises and that he could and should have done more to stop the nuisance.

Mr Moran did not attend court and the case was heard his absence. Having heard his mitigation in court – which included no remorse or apology from Mr Moran – the court fined him £7,000 and ordered him to pay £1,000 in compensation, £3,094 in costs and an £120 victim surcharge.

After the hearing, Cabinet Member for Community Safety, Environment and Leisure, Councillor Peter Craske, said:

“The London Borough of Bexley has taken firm action in support of the residents affected by this noise and disturbance and I am sure they will welcome this verdict.”

Duncan Lewis Housing Solicitors

Duncan Lewis housing solicitors can advise public sector tenants, private sector tenants and homeowners on how to tackle problems involving noise and antisocial behaviour within the law – including problems with loud music, harassment from neighbours, and persistent noise from neighbouring homes or commercial properties.

There are Duncan Lewis offices nationwide – and Duncan Lewis offers competitively-priced fixed fees to private clients whenever possible, and in cases where Legal Aid is not available.

For expert legal advice on tackling noise nuisance, harassment and antisocial behaviour from neighbours, call Duncan Lewis housing solicitors on 0333 772 0409.