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& Amendments to the Noise Act 1996

& Amendments to the Noise Act 1996. Kieran Shanks Western Group Environmental Health Officer. Statutory Noise Nuisance. DC satisfied of existence, likely occurrence/recurrence – Serve Notice Level and Type of Noise Duration and how often the noise occurs Time of day or night

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& Amendments to the Noise Act 1996

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  1. & Amendments to the Noise Act 1996 Kieran Shanks Western Group Environmental Health Officer

  2. Statutory Noise Nuisance • DC satisfied of existence, likely occurrence/recurrence – Serve Notice • Level and Type of Noise • Duration and how often the noise occurs • Time of day or night • Aggravating characteristics • Measures available to reduce or modify the noise • Characteristics of the neighbourhood • Sensitivity • Motive • Multiple visits to establish nuisance • BPM defence available • Evidential/Public Interest Tests (CN&EA 2011 allows deferral for up to 7 days whilst other steps are taken)

  3. NoiseAct 1996

  4. Noise Act 1996 Night Time Noise Offence Excessive Noise emitted offending dwelling Requirement to Adopt Night-time hours (23:00 - 07:00) Permitted Level – Clear standard

  5. Belfast and the Noise Act 1996 • Survey findings • Best Value assessment (local needs and circumstances) • Resource Implications • Introduced Service in 2000 • NTNS responded to 45,000 complaints (2000-2010) • 6062 complaints to NTNS (2009). 82% - private dwellings

  6. Resource implications for DC’s • Management and Administration • Staffing the Service & Staff Training • Noise equipment • Transportation • Personal Safety Equipment and Training • Communication • Enforcement, seizure and storage of noise making equipment

  7. Noise Act Procedure • Underlying Level • Permitted Level • Actual Level

  8. Underlying Noise Level • Indicative of the level of noise which would be present in the absence of the noise causing the complaint Underlying Noise Level LA99.8 5Mins

  9. Permitted Noise Level dB dB Permitted Noise Level 35 Permitted Noise Level 31 10dB Underlying Noise Level 25 Underlying Noise Level 21 If the underlying level does not exceed 21dB the permitted level is 31dB If the underlying level exceeds 21dB the permitted level is 10dB above the underlying level

  10. NoiseAct 1996 Amendments • No longer necessary to adopt • Discretionary level of service • New offence from ‘Offending Premises’* • Amount of fixed penalty* • FPN – Power to require name and address • Use of Fixed penalty receipts for qualifying functions

  11. ‘Offending Premises’ Exhibition licence Entertainment licence Any licenced premises Intoxicating liquor authorised by an occasional licence Meals/refreshments supplied whether on or off the premises Registered club

  12. Noise Act 1996 Amendments • No longer necessary to adopt • Discretionary level of service • ‘Offending Premises’ as well as ‘Dwellings’ • Amount of fixed penalty* • FPN – Power to require name and address • Use of fixed penalty receipts for qualifying functions

  13. Fixed Penalties • ‘Offending Dwelling’ • No longer fixed at £100.00 • DC discretionary limits £75.00 – 110.00 • 14 days to pay • Early payment provision • ‘Offending Premises’ • New non discretionary fixed at £500.00 • 14 days to pay • Delivery options same as Warning Notice

  14. Noise Act 1996 Amendments • No longer necessary to adopt • Discretionary level of service • ‘Offending Premises’ as well as ‘Dwellings’ • Amount of fixed penalty • Power to require name and address • Use of Fixed penalty receipts for qualifying functions

  15. Noise Act Powers • Warning Notice • Fixed Penalty Notice • Seizure

  16. Warning Notice (WN) • No noise measurement required • Assessment location • Duration WN remains active • Delivery options • No WN then no Night Time Noise Offence • Effective Deterrent (96% reported) • Complainants details omitted from Notice

  17. Proving an Offence Section 4 Section 4A Section 9 • Equipment Type 1 SLM BSEN60804/BSEN60651 • Assessed inside a room used for dwelling purposes • Windows and doors closed • Microphone at least 0.5m from any room surface • Assessment of ‘disturbing’ noise and underlying level made at the same time so it takes 5 mins to prove offence

  18. Fixed Penalty Notice • Amount of the Fixed Penalty • Person/Dept & Address for Payment • Address of Offending Dwelling/Premises • Date & Time Warning Notice was served • Time Notice took effect • Actual Noise and time measured • Permitted level • Failure/Refusal to Pay – £1000/£5000 • Defences available

  19. Seizure & Forfeiture • Noise making Equipment • Serious/Necessary • Warrant Required • Police assistance • Retention period 28days/FPN paid/Case decided • Forfeiture Order

  20. Conclusions Additional tool Offers a discretionary and flexible noise control approach to fit service needs Can be effective in certain circumstances Complements Stat Noise Nuisance Provisions Local agreements and arrangements essential

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