Service Point 93.pdf - CILIP

For whom the bell tolls
At one time or another we have probably had the
idea of ice-cream chimes put to us for use on the
mobile library. Usually the suggestion comes
from councillors and chief officers but rarely
the staff who perhaps don’t relish hearing
Greensleeves 36 times a day, every day.
FIONA BARRY has looked into this for
Warrington and with her permission and that of
the Warrington legal team I can present a definitive
answer for this frequently asked question.
Warrington looked into this detail last year when ordering the new
mobile.
Kester Clarke (with whom we had ordered our vehicle) advised: ‘The
ice cream van chimes are available, but the law relating to the playing
of the chimes is quite complex. Please read the DOE publication “Code
of practice on noise from ice cream vans’ chimes, etc” (DOE 1982. ISBN
0117515914)’.
Our Legal Services gave us the following advice about the various
legislative considerations: The Control of Pollution Act 1974, section 62
subsection (1) states that a loud-speaker shall not be operated in a
street (ii) for the purpose of advertising any entertainment, trade or
business.
Subsection (2) states subsection (1) shall not apply to the operation
of a loudspeaker (a) for Police, Fire Brigade or Ambulance purposes,
by the Environment Agency, a Water Undertaker or Sewage Undertaker
in the exercise of any of its functions, or (b) a local authority within its
area.
Section (3) states section (1)(b) shall not apply to the operation of a
loudspeaker between the hours of noon and seven in the evening on
the same day if the loudspeaker . . .
(a) is fixed to a vehicle which is being used for the conveyance
of a perishable commodity for human consumption;
and
37