&Amendments to the Noise Act 1996

Kieran Shanks Western Group Environmental

Health Officer

Statutory Noise Nuisance DC satisfied of existence, likely DC satisfied of existence, likely

occurrence/recurrence – Serve Noticeoccurrence/recurrence – Serve Notice• Level and Type of Noise Level and Type of Noise • Duration and how often the noise occurs Duration and how often the noise occurs • Time of day or nightTime of day or night• Aggravating characteristicsAggravating characteristics• Measures available to reduce or modify the noise Measures available to reduce or modify the noise • Characteristics of the neighbourhoodCharacteristics of the neighbourhood• SensitivitySensitivity• MotiveMotive

Multiple visits to establish nuisance Multiple visits to establish nuisance BPM defence available BPM defence available Evidential/Public Interest Tests Evidential/Public Interest Tests (CN&EA 2011 allows deferral for up to 7 days whilst other steps are taken)(CN&EA 2011 allows deferral for up to 7 days whilst other steps are taken)

Noise Act 1996

Night Time Noise OffenceNight Time Noise Offence

Excessive Noise emitted offending dwellingExcessive Noise emitted offending dwelling

Requirement to AdoptRequirement to Adopt

Night-time hours (23:00 - 07:00)Night-time hours (23:00 - 07:00)

Permitted Level – Clear standard Permitted Level – Clear standard

Noise Act 1996

Belfast and the Noise Act 1996

Survey findingsSurvey findings Best Value assessment (local needs and Best Value assessment (local needs and

circumstances) circumstances) Resource Implications Resource Implications Introduced Service in 2000Introduced Service in 2000 NTNS responded to 45,000 complaints NTNS responded to 45,000 complaints

(2000-2010)(2000-2010) 6062 complaints to NTNS (2009). 82% - 6062 complaints to NTNS (2009). 82% -

private dwellingsprivate dwellings

0

500

1000

1500

2000

2500

3000

3500

4000

1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000

Num

ber

Domestic Complaints

All Complaints

0

1000

2000

3000

4000

5000

6000

1980 1985 1990 1995 2000 2005 2010

Num

ber

Domestic Complaints

All Complaints

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

Noise Act Procedure

Underlying Level Permitted Level

Actual Level

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

If the underlying level does not exceed 21dB the permitted level is 31dB

If the underlying level exceeds 21dB the permitted level is10dB above the underlying level

dB

31

21

35

25

dB

10dB

Permitted Noise Level

Underlying Noise Level

Underlying Noise Level

Permitted Noise Level

Permitted Noise Level

Noise Act 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

‘Offending Premises’

Exhibition licenceExhibition licence Entertainment licence Entertainment licence Any licenced premises Any licenced premises Intoxicating liquor authorised by an Intoxicating liquor authorised by an

occasional licenceoccasional licence Meals/refreshments supplied Meals/refreshments supplied

whether on or off the premiseswhether on or off the premises Registered club Registered club

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

Fixed Penalties

‘Offending Dwelling’

No longer fixed at £100.00DC discretionary limits £75.00 – 110.0014 days to pay Early payment provision

‘Offending Premises’

New non discretionary fixed at £500.0014 days to pay

Delivery options same as Warning Notice

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

Noise Act Powers

Warning Notice

Fixed Penalty Notice

Seizure

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

Proving an Offence

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

1. Section 4 2. Section 4A3. Section 9

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

Seizure & Forfeiture

Noise making Equipment

Serious/Necessary

Warrant Required

Police assistance

Retention period 28days/FPN paid/Case decided

Forfeiture Order

Conclusions

Additional tool Additional tool Offers a discretionary and flexible noise Offers a discretionary and flexible noise

control approach to fit service needscontrol approach to fit service needs Can be effective in certain circumstancesCan be effective in certain circumstances Complements Stat Noise Nuisance Provisions Complements Stat Noise Nuisance Provisions Local agreements and arrangements essential Local agreements and arrangements essential