Primary legislation

Environmental Protection Act 1990, s.79

Duty of every local authority to take reasonably practicable steps to investigate complaints of a statutory nuisance, and to cause its area to be inspected from time to time to detect any statutory nuisances (including noise which is prejudicial to health or a nuisance, and noise emitted from or caused by a stationary vehicle, machinery or equipment in the street. Noise includes vibration) which ought to be dealt with by abatement notice and summary proceedings. The duty has been extended by sections 101 - 103 of the Clean Neighbourhoods and Environment Act 2005 to include insects from relevant industrial, trade and business premises, and artificial lighting from premises.

Environmental Protection Act 1990, s.80

If satisfied that a nuisance exists or is likely to occur or recur, an abatement notice must be served requiring the nuisance to be abated or restricted to prevent its occurrence or recurrence. Failure to comply with an abatement notice without reasonable excuse is an offence. A person who commits such an offence on industrial, trade or business premises is liable on summary conviction to a fine not exceeding £20,000. In all other cases a person is liable on summary conviction to a fine not exceeding level 5 on the standard scale, and with a further fine for each day on which the offence continues after the conviction. A person served with an abatement notice may appeal against the notice to the magistrates’ court within 21 days from the date he was served the notice. A new section 2A has been inserted (see section 86 of the Clean Neighbourhoods and Environment Act 2005) which enables local authorities, once satisfied that a nuisance is occurring or is likely to occur or recur, to defer issuing an abatement notice in respect of 79(1)(g) (i.e. that caused by noise emitted from premises) for up to 7 days, to allow the authority to take other steps, such as using the Noise Act 1996, where appropriate, or mediation.

Environmental Protection Act 1990, s. 81

Where an abatement notice has not been complied with, the local authority has power to abate the nuisance, including power to seize and remove any equipment which is being or has been used in the emission of the noise in question. Expenses incurred in abating the nuisance may be recovered from the person by whose act the nuisance was caused.

Environmental Protection Act 1990, s. 82

This section gives individuals suffering noise from premises and vehicles, equipment and machinery in a street the power to take a private action in the local magistrates’ court. If successful, the court will order the abatement or restriction of the nuisance.

Clean Neighbourhoods and Environment Act 2005, s.69 - s.79

Powers in sections 69 - 76 for local authorities to designate areas as alarm notification areas. Where an alarm is fitted to a property, residents within an alarm notification area must nominate a key-holder and notify the local authority in writing. Failure to do so is an offence punishable by a fine of up to level 3 on the standard scale upon conviction. Alternatively, authorised officers of local authorities may issue fixed penalty notices and set the amount within a range of £50 - £80 (see The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2006). If no amount is specified the default amount (£75) will apply. Local authorities may retain fixed penalty receipts and spend them on functions under Chapter 1, Part 7 of the Clean Neighbourhoods and Environment Act 2005, the Noise Act 1996 and sections 79 to 82 of the Environmental Protection Act 1990. It is an offence for suspected offenders to fail to give their name and address, or to give false details, to an authorised officer. Under section 77, officers may enter the premises without force where possible if an alarm is sounding for 20 minutes continuously or an hour intermittently and is likely to give persons living or working in the vicinity reasonable cause for annoyance; under section 78 they may enter by force if they have a warrant, without the presence of a police constable. Local authorities can charge costs of entering to person responsible.

Anti-social Behaviour Act 2003, s.40 and s.41

These sections give local authorities the power to close down premises to prevent noise that is causing a public nuisance. The premises covered by these sections are licensed premises, such as pubs and clubs. Under this clause, local authorities can issue a closure order requiring the manager to shut the premises for up to 24 hours. It makes breach of this order an offence, with the maximum penalty upon summary conviction being 3 months in prison and / or a fine of up to £20,000. These sections came into force in November 2005.

Anti-social Behaviour Act 2003, s.42

This section amended the Noise Act 1996 to allow ALL English or Welsh local authorities to use the Act, removing the requirement for a local authority to adopt the Act and provide a 24-hour noise service, as was previously the case. All local authorities can now use the Noise Act 1996 to fine those responsible for noise exceeding a permitted level (after service of a warning notice) between 2300 and 0700. Up to £1,000 upon summary conviction. A local authority can offer the offender the option to discharge liability to conviction with the payment of a fixed penalty within 14 days The Noise Act 1996 was also amended to allow local authorities to retain any income from fixed penalty notices issued under the Act for spending on qualifying functions. The Clean Neighbourhoods and Environment Act 2005 extended the qualifying functions for which receipts from fixed penalties issued under the Noise Act can be used. See section 9 of the Noise Act 1996 below.

EC Directive 2002/49/EC relating to the assessment and management of environmental noise

The Environmental Noise Directive was adopted on the 25th June 2002 and is currently being transposed into UK law. The Environmental Noise Directive will be implemented separately in England, Scotland, Wales and Northern Ireland. The aim of the Environmental Noise Directive is to define a common approach across the European Union and the intention of avoiding, preventing or reducing on a prioritised basis the harmful effects, including annoyance, due to exposure to environmental noise. The Directive requires that no later than 30th June 2007, Member States must have produced strategic noise maps of major agglomerations, roads, railways, airports and industry with action plans following a year later in 2008. Action plans to manage noise for these areas will be undertaken, based on the mapping results. These will be drawn up in consultation with the public with a view to preventing and reducing environmental noise where necessary.

Greater London Authority Act 1999, s.351-374

The Mayor of London must prepare and publish a London ambient noise strategy.

Noise Act 1996

The Noise Act 1996 was further amended by section 84 and Schedule 1 of the Clean Neighbourhoods and Environment Act 2005 to extend it to licensed premises (premises with a ‘premises licence’ or ‘temporary event notice’ issued under the Licensing Act 2003). This power is expected to commence in October 2006.

Noise Act 1996, s.1

States that the Noise Act 1996 applies to every local authority in England and Wales.

Noise Act 1996, s.2, 3 and 4

Power for a local authority to investigate complaints from those present in a dwelling of night noise (noise between 2300 and 0700) from another dwelling and, as of October 2006, licensed premises. Section 3 provides a power to serve a warning that the person responsible will commit an offence if night noise from their dwelling or licensed premises continues above the level specified in the notice after a given timescale. Under section 4, the person responsible for the noise is guilty of an offence if the noise exceeds the permitted level as measured from within the dwelling of the complainant after the time specified in the warning notice. A person guilty of an offence under section 4 is liable upon summary conviction to a fine not exceeding level three on the standard scale (currently £1,000) where the offence concerns a dwelling, and a fine not exceeding level five on the standard scale (currently £5,000) where the offence concerns licensed premises. The local authority can offer the person responsible the option to discharge liability to conviction with the payment of a fixed penalty notice within 14 days (see s.8 below). Where an offence concerning dwellings is concerned, it is a defence for a person charged with an offence under this section to show that there was a reasonable excuse for the act, default or sufferance in question.

Noise Act 1996, s.5

Power for the appropriate person (the Secretary of State in England, or the National Assembly for Wales in Wales) to issue directions specifying the permitted level of noise from any dwelling or licensed premises between 2300 and 0700 for the purposes of the offence under the Noise Act 1996. Information on the current permitted level as it applies to dwellings can be found at http://www.defra.gov.uk/environment/noise/noiseact.htm. Information on the permitted level for licensed premises will appear before commencement in October 2006.

Noise Act 1996, s.8

Power to issue a fixed penalty notice to a person who fails to comply with a warning notice issued in respect of night noise from a dwelling under s.2(4) of the Noise Act 1996. The local authority can specify the fixed penalty amount within a range of £75 - £110, or if no amount is specified the default amount (£100) will apply. Discounts may be offered for early payment but the amount cannot be less than £60 after discount. It is an offence to fail to give, or to give false details, to an authorised officer in connection with fixed penalties for noise offences.

Noise Act 1996, s. 9(3)

Section 83 of the Clean Neighbourhoods and Environment Act 2005 amends the list of qualifying functions for which fixed penalty notice receipts for noise offences may be used. The list of qualifying functions include functions under the Noise Act 1996, functions under Part 7 Clean Neighbourhoods and Environment Act 2005, and functions under sections 79 to 82 Environmental Protection Act 1990 (statutory nuisances) in connection with statutory nuisances falling within section 79(1)(g) or (ga) (noise) of that Act. From April 2006 local authorities categorised as high performing (following the CPA) will be allowed to spend receipts from fixed penalties issued under section 8(1) Noise Act 1996, on any of their functions.

Noise Act 1996, s.10

Power to enter a dwelling from which noise exceeding the permitted level specified in a warning notice issued under s.3 of the Noise Act 1996 is emitted and to remove any equipment used in the emission of the noise. The power for local authorities under section 81(3) of the Environmental Protection Act 1990 to take steps to abate any matter which is a statutory nuisance by virtue of s.79(1)(g) of EPA 1990 (noise emitted from premises so as to be prejudicial to health or a nuisance) includes the power to seize and remove any equipment which it appears to the local authority is being, or has been, used in the emission of the noise in question.

Noise and Statutory Nuisance Act 1993, s.3

Special powers to control noise from vehicles, equipment and machinery in the street.

Control of Pollution Act 1974

A local authority has the power to designate noise abatement zones. Every local authority which has designated a noise abatement zone must measure the level of noise emanating from premises within the zone of the class to which the order relates. A record of all measurements taken must be kept in a register, open for public inspection. The local authority may set a maximum level for noise in certain areas.

Fireworks Act 2003

The Fireworks Regulations 2004, which implements sections of the Fireworks Act 2003, bans the use of fireworks between 2300 and 0700. Use of fireworks between 2300 and 0700 can lead to a fine of up to £5,000 or six months imprisonment for those responsible, enforcement being a matter for the police. The curfew begins at 0100 on New Year’s Eve, Chinese New Year and Diwali, and at midnight on 5 November. The Regulations also set a maximum level of 120 decibels for fireworks that are available to the public.