1.  ANTISOCIAL NOISE NUISANCE UPDATE REHIS ANNUAL CONFERENCE 17 November 2005

2.  AIMS  Provide background to why ASBA Noise provisions introduced  Provide feedback of implementation and operation of ASBA noise procedures in Scotland and Belfast  Discuss way forward- evaluation, sharing good practice, training and funding

3.  Neighbour Noise  “ A bad neighbour is as great a misfortune as a good one is a great blessing”  (Source -Hessiod (8 th c. BC), Greek poet)  “Reasonableness –balance between orderliness and tolerance as sound annoyance is subjective” (source- GLA)

4.  Introduction  Why new legislation?  The Scottish Executive’s Coalition’s Partnership Agreement in 2003  Give local authorities additional powers to deal with noise nuisance, to complement EPA and CGA  Tackle the problems of antisocial noise in domestic dwellings up to 24 hours per day  Power – complementary, enabling and flexible not compulsory, based on objective measurement

5.  Noise Provisions(1)  Enabling and flexible discretion for local authorities to adopt ASB Noise service for what periods of day and week they wish, depending on resource and needs assessment  Complement existing noise nuisance enforcement legislation  Alternative quick resolution –institute Fixed Penalty Notice system for breach of permitted noise levels within domestic dwellings, if Warning Notice deterrent ignored.  Powers to Local Authority “authorised” officers and police officers

6.  Noise Provisions(2)-Funding  Scottish Executive to fund Local Authority ASB Noise Service teams-staffing, equipment and training needs-by annual grant payment scheme.  Funding of £2.88m secured for 2005, £2.3m for 2006 and £3.3m for 2007  Bids from 22 LAs received by deadline of 22.10.04, totalling £4m for 2005. To date only £1m paid out, reflecting delays in implementation

7.  Noise Provisions(3)-Levels  ASB Noise offence based on exceeding an objective measured sound level,  determined by order from SE Ministers, who wished 24 hour coverage  Based on research conducted by Dr. Bernadette McKell, Hamilton & McGregor

8.  Noise Levels and Periods  The time periods and corresponding permitted noise levels are defined as :  Daytime- 07.00-19.00 LAeq 41dB  Evening- 19.00-23.00 LAeq 37dB  Night-time 23.00-07.00 LAeq 31dB  Noise levels to be measured by LA “authorised” officers on approved equipment, as defined in Regulations, to implement the ASBA noise provisions.

9.  ASBA Noise References  ASBA Noise Guidance :  http://www.antisocialbehaviour.com/asb/files/Guidance%2 0on%20Noise%20Nuisance.pdf http://www.antisocialbehaviour.com/asb/files/Guidance%2 0on%20Noise%20Nuisance.pdf  ASBA Noise Regulations :  http://www.opsi.gov.uk/legislation/scotland/ssi2005/20050 043.htm http://www.opsi.gov.uk/legislation/scotland/ssi2005/20050 043.htm  Noise Level Feasibility Research Report : http://www.scotland.gov.uk/about/ERADEN/EcolAU/000 17824/nir_rpt.pdf http://www.scotland.gov.uk/about/ERADEN/EcolAU/000 17824/nir_rpt.pdf

10.  Training Needs  The Institute of Acoustics (IOA) and REHIS accredited new internal noise measurement training courses ready for February 2005 implementation  Focussed (update) 1 day short course for those with IOA’s Certificate of Competence in Environmental Noise Measurement  More complete 4 day course utilising existing IOA’s syllabi, for those requiring more training  To date some 130 candidates have received training at either Strathclyde University or Bell College and 95% passed the required exams.  IOA are monitoring results and will modify the training accordingly  There will be a further T/C in February 2006, and then as required/six monthly

11.  Noise and Health  “Uninterrupted sleep is known to be a prerequisite for good physiological and mental functioning of healthy persons”  “Sleep disturbance is considered to be a major environmental noise effect. It is estimated that 80- 90% of reported cases of sleep disturbances in noisy environments are for reasons other than noise originating outdoors”  Source : WHO- Berglund, Lindvall & Schwela 1999

12.  LAs who have implemented

13.  LAs action 1/4/05-30/09/05

14.  Belfast City Council Statistics  2000 – 2001 01 – 02 02 – 03 03 – 04 04 – 05  Complaints  Daytime11211161 99212651445  Night-Time13442500229830433520  Total 24653661 32904308 4965  Noise Act 1996  Verbal Warning103267374512574  Warning Notice165340160193247  Fixed Penalty713121016  PC&LG(NI) Order 1978  Article 38 (general)2439 71928  Article 38  (alarm)---2423  Article 4087683  Overall  Prosecution38548

15.  REVIEW OF PERFORMANCE  Although 18 LAs from the 22 who submitted resolutions have implemented their service, only 7 have investigated a substantial volume of complaints to date  Edinburgh have investigated over 5000 complaints in first 6 months, reflecting benefit of awareness campaign and fully resourced team.  Independent research showed only 18% of public knew to phone LAs with noise complaint  90% of complaints nationally resolved by verbal warning, 9% by Warning Notice, with only 0.2% requiring a FPN, confirming the deterrent works.

16.  Issues  Recruitment – lack of EHOs and technical officers; therefore no prerequisite required other than completed set training and exams  Funding – lack of guarantee; therefore SE set 2 year bid process. Limited budget; therefore may be rationalisation. Existing funding not being utilised fully, or being used for strictly ASBA Noise work, preventing optimum budgeting.  Levels – require more measurements to evaluate if correct  Training –IOA and REHIS monitoring efficiency

17.  Evaluation  Executive have reimplemented the ASBA Noise Implementation Advisory Group to review progress  Executive to commission consultant to undertake formal review of 1 st year and Guidance in January 2006  Executive to publish Scottish Noise Management Guide, including revised ASBA Noise Guidance in April  Executive have promoted new Noise PI, dividing domestic and non-domestic noise, to include ASBA Noise to commence from April 2006.

18.  Sharing Good Practice  The Executive implemented an ASB Practitioners’ Adviceline for all aspects of ASBA including noise- 0800 850 500  Also website – www.antisocialbehaviourscotland.com  Circulated LA contact list to allow all to discuss issues and share good practice  Reimplemented NIAG to discuss ongoing issues

19.  CONCLUSIONS  A positive start especially from the larger LAs  FPN deterrent works  Teething problems with training and objective measurements being reviewed  Legal precedents from Edinburgh’s FPNs and seizure will aid guidance and procedures  Guarantee of secured funding a perennial issue, requiring co-operation from all LAs to enable Executive to maximise grant payments