Published: 21 January 2016
Q: I run a nightclub in a rural location. There have occasionally been complaints from local residents but I have just been served with a Noise Abatement Notice. It asks me to stop causing a nuisance but specifically requires the instruction or the engagement of an acoustic expert, the disclosure of his report and the carrying out of remedial works in accordance with that report. What should I do?
A: You always have a right of appeal within 21 days in respect of any noise abatement notice. I think you need to establish whether the problems complained of might be eliminated by a less expensive means than that proposed by the Local Authority. If it is then you may wish to consider appealing the Notice on the grounds that the remedial actions contained within it are not justified and that a simpler solution may work just as well. In any event, if you do not appeal against the Notice then you do risk being prosecuted for breaching it both in the event that there are further problems or indeed if you simply fail to comply with the specific terms of the order. The fines are now unlimited for breach of such a notice and, of course, you would have a criminal conviction!
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