There are 7 steps to investigating commercial noise complaints.

Step 1 – informal engagement

In many cases, a noise problem can be resolved through informal engagement between the complainant and the business without us being involved. We encourage you to talk to the business before reporting your complaint however we know that this sometimes is not possible.

If you do not feel comfortable with a direct approach, we have a letter template that you can use.

Step 2 – requesting help from us

If attempts to talk to the business have failed or you do not feel comfortable approaching them, you can report it to us. 

You will be sent an email listing the initial actions you need to take. 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 we provide so that we can investigate the complaint to an appropriate level.

Step 3 – our investigation

Once you have submitted the evidence requested, we will assess it to determine what further action, if any, is required and we will contact you with the outcome.

We will evaluate the severity of the problem based on the following criteria:

• loudness and duration of the noise
• the time of day it happens
• what has been done to reduce the problem
• whether it could be easily avoided or if it would be difficult to control
• how often the problem occurs
• the nature and character of the area where you live (for example, 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 (for example, new road or water mains)

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 these cases we advise you to take your own discretionary action.

Step 4 – evidence gathering

If the problem continues after any actions we take at step 3, we will need to get additional evidence to decide 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 decide that there may be a statutory nuisance, further evidence may be needed. This may include:

• written statements from both us and you as the complainant
• recorded evidence from sound recording equipment installed by us - 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 happening

This equipment will be installed in your home a maximum of 2 times. We will also visit your home to witness any noise up to 3 times.

Following this, if there is not enough evidence for a statutory noise nuisance, we will let you know and your case will be closed.

Step 5 – formal notice

If we believe that a statutory nuisance exists, we can serve a noise abatement notice, which is a legal document and is subject to a court hearing, if appealed. We need to be satisfied that there is enough 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 need significant works to resolve 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

If the noise abatement notice is not being complied with, further evidence will need to be gathered 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 let us know 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 stop 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 ask to visit your home to witness the breach.

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.

You must 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.