We have outlined our step by step guidance on how commercial noise complaints are investigated.

Step 1 – informal engagement

In many circumstances, successful resolution of a nuisance problem can be achieved through informal engagement between the complainant and the business, without the need to involve us. We would encourage informal engagement with the business in the first instance. However, we appreciate that sometimes this can be intimidating. We have a standard letter that you can use if you do not feel comfortable with a direct approach.

If informal attempts of engagement have failed, we advise you progress to requesting assistance from us.

Step 2 – requesting assistance from us

If informal attempts for engagement have failed or you do not feel comfortable engaging directly with a commercial business, you can report the matter to us online. Once reported, you will be sent an email detailing the initial actions expected of you.

We will ask you to keep a record of the noise and how it affects you. You can do this on our noise log sheets. If you are not able to use the log sheets, please let us know so we can discuss a suitable alternative.

It is important to follow the instructions and timescales provided to you to enable an appropriate level of investigation to be undertaken.

Step 3 – our investigation

Once your complaint has been reported and you have submitted the evidence requested (noise record sheet), we will assess any evidence to determine what further action, if any, is required and will contact you to advise of their findings.

Please note that we will evaluate the severity of the problem based on criteria as follows:

• loudness and duration of the noise
• the time of day when it occurs
• what has been done to reduce the problem
• could it be easily avoided or would it be difficult to control
• how frequently the problem occurs
• the nature and character of the area where you live (e.g. rural or urban)
• the character and offensiveness of the nuisance
• public interest (e.g. sporting event)
• if it is regular or a one off
• if it is unavoidable (e.g. new road, water mains, etc.)

All of the above tests will form our opinion whether the nuisance is actionable in law or considered to be incapable of being a significant problem.

We will then determine whether further informal actions are necessary and may take the following steps:

• contact the business in question
• request that you keep further accurate noise record sheets
• visit you and/or the business in question

If we consider that the noise is unlikely to amount to a statutory nuisance, we may not progress your complaint any further. In such circumstances we will direct you to take you own discretionary action.

Step 4 – evidence gathering

Should the problem continue following the interventions conducted by us at Step 3 it will be necessary to gather additional evidence to establish whether a noise abatement notice can be justified. Due to the complexities of the law on nuisance there is a strong focus on the complainant proving the severity of the problem.

If we consider that there may be a statutory nuisance, further evidence may be gathered. This may include:

• written Statements from both us and you as the complainant
• recorded evidence from sound recording equipment, installed by us - please note that this equipment needs to be plugged into the mains electric and you would be required to press the button on the equipment when the noise is occurring

This equipment will be installed in your home a maximum of 2 times.

We will also visit in person to witness any noise, up to 3 times.

Following this evidence gathering exercise, if there is insufficient evidence to substantiate a statutory noise nuisance, you will be informed, and your case will be closed.

Step 5 – formal notice

If, however we are of the opinion that a statutory nuisance exists, they can serve a noise abatement notice, which is a legal document and is subject to a court hearing, if appealed. As such we need to be satisfied that there is sufficient evidence, to be able to demonstrate to a court that it was justified in serving the notice and that it is a reasonable and proportionate response to the problem.

Depending on the nature of what is creating the noise, the notice will have to give a reasonable period of time to allow for compliance with its requirements. For example, some commercial processes may require significant works to mitigate noise problems and may require several months to address.

The recipient of a notice has the right of appeal and has 21 days to lodge the appeal with the Magistrates Courts. Appeals will take the form of a trial in the Magistrates Court where you may be expected to give evidence to help justify the service of the notice. The outcome may result in the notice being upheld, varied or dismissed (quashed).

Step 6 – evidence gathering

In the event that the noise abatement notice is not being complied with it will be necessary to gather further evidence to prove that the notice is being breached and there is an ongoing nuisance. This will involve repeating the initial noise monitoring exercise but will require more detailed investigation as found in step 4.

From this point forward, you need to advise us if you are prepared to attend court as the main witness to substantiate the breach of the noise abatement notice. If you are not prepared to attend court, it is very likely that we will cease investigating your complaint and you will be advised that the matter will not proceed any further.

You will be required to provide a witness statement and accurate noise record sheets which will need to be completed at the time of the occurrence of the noise.

We may also request to attend your address to witness the breach themselves.

Step 7 – prosecution

The Courts will arrange for an initial hearing where the defendant can indicate their likely plea and a date will be set for a trial or sentencing hearing, depending on whether the defendant is pleading guilty or not guilty. If a trial is required, it is likely that there will be a significant delay, depending on the Court’s workload. If a trial is to follow, we will advise you on the process.

It is crucial that you attend court as the laws relating to nuisance focus on the effect that the noise is having on you, the complainant. If you are unwilling to attend court, you must contact us as soon as possible, as this will, most likely, prevent your case from proceeding.

In court, you will be asked by the prosecution to explain how the noise has affected you. You will then be cross-examined by the defence solicitor or in some cases, the defendant themselves. Therefore, we strongly advise you to be familiar with all of the information you have included as part of your witness statement and suggest you have copies of the original noise record sheets, that you made at the time, from which to refer.

If the defendant is found guilty, the courts will fine them based on their means and will take account of any aggravating factors of the offence and the defendant’s previous history. The courts do not have power of imprisonment for those breaching an abatement notice.

If the prosecution is unsuccessful, costs will be awarded against us.

If the prosecution is successful, but the noise continues afterwards, steps 4 and 6 above will need to be repeated and fresh evidence gathered to prove that the nuisance continues to occur.

In rare circumstances, we may seek to secure an injunction, if it cannot secure compliance with the noise abatement notices following successive prosecutions.

Breach of premises licence (for commercial licensed premises only)

There are additional actions we can take if there is a breach of the Licence. You can report an issue with a licensed premises online.

You can view or download our statement of licensing policy.