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a guide to improving your local environment - Keep Britain Tidy

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www.encams.org<br />

NEIGHBOUR<br />

NOISE<br />

What are the neighbour noise laws<br />

Anti-Social Behaviour Act 2003, ss.40 & 41<br />

These sections give <strong>local</strong> authorities powers <strong>to</strong> close<br />

down premises <strong>to</strong> prevent noise that is causing a public<br />

nuisance. The premises covered by this clause are<br />

licensed premises, such as pubs and clubs.<br />

Under this clause, <strong>local</strong> authorities can issue a Closure<br />

Order requiring the manager <strong>to</strong> shut the premises for up<br />

<strong>to</strong> 24 hours. It makes breach of this order an offence<br />

liable <strong>to</strong> three months in prison and/or a fine of up<br />

<strong>to</strong> £20,000.<br />

Anti-Social Behaviour Act 2003, s.42<br />

This section makes amendments <strong>to</strong> the Noise Act 1996<br />

that allows all English and Welsh <strong>local</strong> authorities <strong>to</strong><br />

issue £100 Fixed Penalty Notices <strong>to</strong> help control<br />

night-time domestic noise by removing the adoptive<br />

nature of the 'Night Noise Offence' regime within the<br />

Noise Act 1996. It also allows <strong>local</strong> authorities <strong>to</strong> retain<br />

any income from Night Noise Notices for spending on<br />

qualifying functions. Section 82 of the CNEA 2005 amends<br />

the Noise Act 1996 <strong>to</strong> enable <strong>local</strong> authorities <strong>to</strong> set the<br />

level of the Fixed Penalty Notice (between £75 and £110),<br />

with the default level remaining at £100 where an<br />

alternative is not set.<br />

Clean Neighbourhoods and Environment Act 2005,<br />

ss.69-79<br />

Allows a <strong>local</strong> authority <strong>to</strong> designate Alarm Notification<br />

Areas where owners or occupiers must notify the<br />

authority of the details of a ‘key-holder’ for the premises;<br />

failing <strong>to</strong> do so can result in a fixed penalty fine of £75.<br />

Noise Act 1996, s.2<br />

Gives <strong>local</strong> authorities a power <strong>to</strong> investigate complaints<br />

of night noise from dwellings (and, as of Oc<strong>to</strong>ber 2006,<br />

from licensed premises) and empowers them <strong>to</strong> serve a<br />

Warning Notice that the person responsible will commit<br />

an offence if night noise from a dwelling continues above<br />

the level specified in the notice.<br />

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