As the summer bank holiday approaches, many individuals and families in the UK are preparing to host barbecues and social gatherings. However, such events may unwittingly lead to legal issues if noise levels exceed acceptable limits. Daniel McAfee, Head of Legal Operations at Lawhive, provided insights on the potential ramifications of receiving a noise complaint connected to such social occasions.

McAfee highlighted that under the Environmental Protection Act 1990, local authorities have significant authority to address noise perceived as a statutory nuisance. This includes noise that disrupts the comfort and enjoyment of others in their homes. “Where excessive noise is determined to substantially interfere with the use and enjoyment of another person's home, local councils are legally obliged to investigate such complaints,” McAfee stated.

In instances where a statutory nuisance is recognised, councils can issue an abatement notice, mandating the cessation or reduction of noise levels. Failure to comply with such a notice can result in prosecution and fines reaching up to £5,000 for domestic properties. According to McAfee, “This is not an empty threat - these fines are real, and local authorities do enforce them.”

Additionally, the Noise Act 1996 offers local councils supplementary powers to address noise disturbances during the night, defined legally from 11pm to 7am. Although councils can choose whether or not to enforce these provisions, many have opted to take action against excessive domestic noise during these hours.

To mitigate the risk of complaints during summer gatherings, McAfee recommended several practical strategies. He suggested that individuals inform their neighbours in advance about any events likely to generate noise, and stressed the importance of controlling music volume and the level of conversation, particularly after 9pm.

As residents make plans for outdoor activities this bank holiday, the forecast for warm weather may encourage many to take their celebrations to the garden. However, the potential for neighbourly disputes over noise should remain a consideration, as local authorities have the means to intervene if disturbances occur.

Source: Noah Wire Services