& 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 DC satisfied of existence, likely occurrence/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 night Time of day or night Aggravating characteristics Aggravating characteristics Measures available to reduce or modify the noise Measures available to reduce or modify the noise Characteristics of the neighbourhood Characteristics of the neighbourhood Sensitivity Sensitivity Motive Motive 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)

Noise Act 1996

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

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 ( )  6062 complaints to NTNS (2009). 82% - private dwellings

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 LA Mins

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 dB dB 10dB Permitted Noise Level Underlying 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 licence Exhibition licence Entertainment licence Entertainment licence Any licenced premises Any licenced premises Intoxicating liquor authorised by an occasional licence Intoxicating liquor authorised by an occasional licence Meals/refreshments supplied Meals/refreshments supplied whether on or off the premises whether 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 £  DC discretionary limits £75.00 –  14 days to pay  Early payment provision ‘Offending Premises’  New non discretionary fixed at £  14 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 4A 3.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 control approach to fit service needs Offers a discretionary and flexible noise control approach to fit service needs Can be effective in certain circumstances Can 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