Noise Act 1996 Summary procedure for dealing with noise at night Application of sections 2 to 9 1 Sections 2 to 9 apply to the area of every local authority in England and Wales. Sections 2 to 9 apply to the district of every district council. Investigation of complaints of noise ... at night. 2 1 A district council may, if it receives a complaint of the kind mentioned in subsection (2), arrange for an officer of the council to take reasonable steps to investigate the complaint. A local authority in England and Wales may, if they receive a complaint of the kind mentioned in subsection (2), arrange for an officer of the authority to take reasonable steps to investigate the complaint. 2 The kind of complaint referred to is one made by any individual present in a dwelling during night hours (referred to in this Act as “ the complainant’s dwelling ”) that excessive noise is being emitted from a another dwelling (referred to in this group of sections as “ the offending dwelling ”) , or b any premises in respect of which a premises licence or a temporary event notice has effect (referred to in this group of sections as “the offending premises”). a another dwelling (referred to in this group of sections as “ the offending dwelling ”) , or b any of the following (referred to in this group of sections as “the offending premises”)— i any premises in relation to which an exhibition licence has effect; ii any place in relation to which an entertainment licence has effect; iii any licensed premises; iv a place at which the sale of intoxicating liquor is for the time being authorised by an occasional licence; v any premises where meals or refreshments are supplied whether for consumption on or off the premises; vi any premises occupied by a registered club.” 2A For the purposes of subsection (2)(b)— “ exhibition licence ” means a licence granted under Article 3 of the Cinemas (Northern Ireland) Order 1991; “ entertainment licence ” means a licence granted under paragraph 3 of Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985; “ intoxicating liquor ”, “ licensed premises ” and “ occasional licence ” have the same meanings as in the Licensing (Northern Ireland) Order 1996; “ registered club ” has the same meaning as in Article 2(2) of the Registration of Clubs (Northern Ireland) Order 1996. 3 A complaint under subsection (2) may be made by any means. 4 If an officer of the authority is satisfied, in consequence of an investigation under subsection (1), that— a noise is being emitted from the offending dwelling or the offending premises during night hours, and b the noise, if it were measured from within the complainant’s dwelling, would or might exceed the permitted level, he may serve a notice about the noise under section 3. 5 For the purposes of subsection (4), it is for the officer of the authority dealing with the particular case— a to decide whether any noise, if it were measured from within the complainant’s dwelling, would or might exceed the permitted level, and b for the purposes of that decision, to decide whether to assess the noise from within or outside the complainant’s dwelling and whether or not to use any device for measuring the noise. 6 In this group of sections, “ night hours ” means the period beginning with 11 p.m. and ending with the following 7 a.m. 7 Where a local authority receive a complaint under subsection (2) and the offending dwelling is , or the offending premises are, within the area of another local authority, the first local authority may act under this group of sections as if the offending dwelling or the offending premises were within their area, .... 7A In this group of sections— “ premises licence ” has the same meaning as in the Licensing Act 2003 (c. 17); “ temporary event notice ” has the same meaning as in the Licensing Act 2003 (and is to be treated as having effect in accordance with section 171(6) of that Act). 8 In this section and sections 3 to 9, “ this group of sections ” means this and those sections. Warning notices. 3 1 A notice under this section (referred to in this Act as “ a warning notice ”) must— a state that an officer of the authority considers— i that noise is being emitted from the offending dwelling or the offending premises during night hours, and ii that the noise exceeds, or may exceed, the permitted level, as measured from within the complainant’s dwelling, and b give warning— i in a case where the complaint is in respect of a dwelling, that any person who is responsible for noise which is emitted from the offending dwelling in the period specified in the notice and which exceeds the permitted level, as measured from within the complainant's dwelling, may be guilty of an offence; ii in a case where the complaint is in respect of other premises, that the responsible person in relation to the offending premises may be guilty of an offence if noise which exceeds the permitted level, as measured from within the complainant's dwelling, is emitted from the premises in the period specified in the notice. 2 The period specified in a warning notice must be a period— a beginning not earlier than ten minutes after the time when the notice is served, and b ending with the following 7 a.m. 3 In a case where the complaint is in respect of a dwelling, A warning notice must be served— a by delivering it to any person present at or near the offending dwelling and appearing to the officer of the authority to be responsible for the noise, or b if it is not reasonably practicable to identify any person present at or near the dwelling as being a person responsible for the noise on whom the notice may reasonably be served, by leaving it at the offending dwelling. 3A In a case where the complaint is in respect of other premises, a warning notice must be served by delivering it to the person who appears to the officer of the authority to be the responsible person in relation to the offending premises at the time the notice is delivered. 3A In a case where the complaint is in respect of other premises, a warning notice must be served by delivering it to the person who appears to the officer of the district council to be the responsible person in relation to the offending premises at the time the notice is delivered. 4 A warning notice must state the time at which it is served. 5 For the purposes of this group of sections, a person is responsible for noise emitted from a dwelling if he is a person to whose act, default or sufferance the emission of the noise is wholly or partly attributable. 6 For the purposes of this group of sections, the responsible person in relation to premises at a particular time is— a where a premises licence has effect in respect of the premises— i the person who holds the premises licence if he is present at the premises at that time, ii where that person is not present at the premises at that time, the designated premises supervisor under the licence if he is present at the premises at that time, or iii where neither of the persons mentioned in sub-paragraphs (i) and (ii) is present at the premises at that time, any other person present at the premises at that time who is in charge of the premises; b where a temporary event notice has effect in respect of the premises— i the premises user in relation to that notice if he is present at the premises at that time, or ii where the premises user is not present at the premises at that time, any other person present at the premises at that time who is in charge of the premises. 6 For the purposes of this group of sections, the responsible person in relation to offending premises at a particular time is— a in the case of any premises mentioned in sub-paragraph (i), (ii), (iii) or (iv) of section 2(2)(b)— i the holder of the licence if he is present at the premises at that time, ii where that person is not present at the premises at that time, any other person who is present at the premises at that time and in charge of the premises; b in the case of any premises mentioned in sub-paragraph (v) of section 2(2)(b), any person who is present at the premises at that time and in charge of the premises; c in the case of any premises mentioned in sub-paragraph (vi) of section 2(2)(b)— i any official of the club who is present at the premises at that time; ii where no such official is present at the premises at that time, any other person who is present at the premises at that time and in charge of the premises; and for the purposes of this paragraph “ official ” has the same meaning as in Article 2(2) of the Registration of Clubs (Northern Ireland) Order 1996. Offence where noise from a dwelling exceeds permitted level after service of notice. 4 1 If a warning notice has been served in respect of noise emitted from a dwelling, any person who is responsible for noise which— a is emitted from the dwelling in the period specified in the notice, and b exceeds the permitted level, as measured from within the complainant’s dwelling, is guilty of an offence. 2 It is a defence for a person charged with an offence under this section to show that there was a reasonable excuse for the act, default or sufferance in question. 3 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Offence where noise from other premises exceeds permitted level after service of notice 4A 1 If— a a warning notice has been served under section 3 in respect of noise emitted from premises, b noise is emitted from the premises in the period specified in the notice, and c the noise exceeds the permitted level, as measured from within the complainant's dwelling, the responsible person in relation to the offending premises at the time at which the noise referred to in paragraph (c) is emitted is guilty of an offence. 2 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Permitted level of noise. 5 1 For the purposes of this group of sections, the Secretary of State the appropriate person may by directions in writing determine the maximum level of noise (referred to in this group of sections as “ the permitted level ”) which may be emitted during night hours from any dwelling or other premises . 2 The permitted level is to be a level applicable to noise as measured from within any other dwelling in the vicinity by an approved device used in accordance with any conditions subject to which the approval was given. 3 Different permitted levels may be determined for different circumstances, and the permitted level may be determined partly by reference to other levels of noise. 4 The Secretary of State The appropriate person may from time to time vary his directions under this section by further directions in writing. Approval of measuring devices. 6 1 For the purposes of this group of sections, the Secretary of State the appropriate person may approve in writing any type of device used for the measurement of noise; and references in this group of sections to approved devices are to devices of a type so approved. 2 Any such approval may be given subject to conditions as to the purposes for which, and the manner and other circumstances in which, devices of the type concerned are to be used. 3 In proceedings for an offence under section 4 or 4A , a measurement of noise made by a device is not admissible as evidence of the level of noise unless it is an approved device and any conditions subject to which the approval was given are satisfied. Evidence. 7 1 In proceedings for an offence under section 4 or 4A , evidence— a of a measurement of noise made by a device, or of the circumstances in which it was made, or b that a device was of a type approved for the purposes of section 6, or that any conditions subject to which the approval was given were satisfied, may be given by the production of a document mentioned in subsection (2). 2 The document referred to is one which is signed by an officer of the local authority and which (as the case may be)— a gives particulars of the measurement or of the circumstances in which it was made, or b states that the device was of such a type or that, to the best of the knowledge and belief of the person making the statement, all such conditions were satisfied; and if the document contains evidence of a measurement of noise it may consist partly of a record of the measurement produced automatically by a device. 3 In proceedings for an offence under section 4, evidence that noise, or noise of any kind, measured by a device at any time was noise emitted from a dwelling may be given by the production of a document— a signed by an officer of the local authority, and b stating that he had identified that dwelling as the source at that time of the noise or, as the case may be, the noise of that kind. 3A In proceedings for an offence under section 4A, evidence that noise, or noise of any kind, measured by a device at any time was noise emitted from any other premises may be given by the production of a document— a signed by an officer of the local authority, and b stating that he had identified those premises as the source at that time of the noise or, as the case may be, noise of that kind. 3A In proceedings for an offence under section 4A, evidence that noise, or noise of any kind, measured by a device at any time was noise emitted from any other premises may be given by the production of a document— a signed by an officer of the district council, and b stating that he had identified those premises as the source at that time of the noise or, as the case may be, noise of that kind. 4 For the purposes of this section, a document purporting to be signed as mentioned in subsection (2) , (3)(a) or (3A)(a) is to be treated as being so signed unless the contrary is proved. 5 This section does not make a document admissible as evidence in proceedings for an offence unless a copy of it has, not less than seven days before the hearing or trial, been served on the person charged with the offence. 6 This section does not make a document admissible as evidence of anything other than the matters shown on a record produced automatically by a device if, not less than three days before the hearing or trial or within such further time as the court may in special circumstances allow, the person charged with the offence serves a notice on the prosecutor requiring attendance at the hearing or trial of the person who signed the document. Fixed penalty notices. 8 1 Where an officer of a local authority who is authorised for the purposes of this section has reason to believe that a person is committing or has just committed an offence under section 4 or 4A , he may give that person a notice (referred to in this Act as a “ fixed penalty notice ”) offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty. 2 A fixed penalty notice may be given to a person— a by delivering the notice to him, or b if it is not reasonably practicable to deliver it to him, by leaving the notice, addressed to him, at the offending dwelling or the offending premises (as the case may be) . 3 Where a person is given a fixed penalty notice in respect of such an offence— a proceedings for that offence must not be instituted before the end of the period of fourteen days following the date of the notice, and b he cannot be convicted of that offence if he pays the fixed penalty before the end of that period. 4 A fixed penalty notice must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence. 5 A fixed penalty notice must state— a the period during which, because of subsection (3)(a), proceedings will not be taken for the offence, b the amount of the fixed penalty, and c the person to whom and the address at which the fixed penalty may be paid. 6 Payment of the fixed penalty may (among other methods) be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise). 7 Where a letter containing the amount of the penalty is sent in accordance with subsection (6), payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amount of fixed penalty 8A 1 This section applies in relation to a fixed penalty payable to a local authority in pursuance of a notice under section 8. 2 In the case of an offence under section 4 The amount of the fixed penalty— a is the amount specified by the local authority in relation to the authority's area, or b if no amount is so specified, is £100. 2A In the case of an offence under section 4A the amount of the fixed penalty is £500. 3 The local authority may make provision for treating the fixed penalty payable in the case of an offence under section 4 as having been paid if a lesser amount is paid before the end of a period specified by the authority. 4 The appropriate person may by regulations make provision in connection with the powers conferred on local authorities under subsections (2)(a) and (3). 5 Regulations under subsection (4) may (in particular)— a require an amount specified under subsection (2)(a) to fall within a range prescribed in the regulations; b restrict the extent to which, and the circumstances in which, a local authority can make provision under subsection (3). 6 The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (2)(b) or (2A) . Fixed penalty notices: power to require name and address 8B 1 If an officer of a local authority who is authorised for the purposes of section 8 proposes to give a person a fixed penalty notice, the officer may require the person to give him his name and address. 2 A person commits an offence if— a he fails to give his name and address when required to do so under subsection (1), or b he gives a false or inaccurate name or address in response to a requirement under that subsection. 3 A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Section 8: supplementary. 9 1 If a form for a fixed penalty notice is specified in an order made by the appropriate person , a fixed penalty notice must be in that form. 2 If a fixed penalty notice is given to a person in respect of noise emitted from a dwelling in any period specified in a warning notice— a no further fixed penalty notice may be given to that person in respect of noise emitted from the dwelling during that period, but b that person may be convicted of a further offence under section 4 in respect of noise emitted from the dwelling after the fixed penalty notice is given and before the end of that period. 2A If a fixed penalty notice is given to a person in respect of noise emitted from other premises in any period in a warning notice— a no further fixed penalty notice may be given to that person in respect of noise emitted from the premises during that period, but b that person may be convicted of a further offence under section 4A in respect of noise emitted from the premises after the fixed penalty notice is given and before the end of that period. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A local authority may use any sums it receives under section 8 (its “penalty receipts”) only for the purposes of functions of its that are qualifying functions. 4A The following are qualifying functions for the purposes of this section— a functions under this Act, ... aa functions under Chapter 1 of Part 7 of the Clean Neighbourhoods and Environment Act 2005; ab functions under sections 79 to 82 of the Environmental Protection Act 1990 (statutory nuisances) in connection with statutory nuisances falling with section 79(1)(g) or (ga) (noise) of that Act; b functions of a description specified in regulations made by the appropriate person . 4B Regulations under subsection (4A)(b) may (in particular) have the effect that a local authority may use its penalty receipts for the purposes of any of its functions. 4C A local authority must supply the appropriate person with such information relating to the use of its penalty receipts as the appropriate person may require. 4D The appropriate person may by regulations— a make provision for what a local authority is to do with its penalty receipts— i pending their being used for the purposes of qualifying functions of the authority; ii if they are not so used before such time after their receipt as may be specified by the regulations; b make provision for accounting arrangements in respect of a local authority’s penalty receipts. 4E The provision that may be made under subsection (4D)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the appropriate person ) other than the local authority. 4F Before making regulations under this section, the appropriate person must consult— a the local authorities to which the regulations are to apply, and b such other persons as the appropriate person considers appropriate. 4G The powers to make regulations conferred by this section are, for the purposes of subsection (1) of section 100 of the Local Government Act 2003, to be regarded as included among the powers mentioned in subsection (2) of that section. 4H Regulations under this section relating to local authorities in England may— a make provision in relation to— i all local authorities, ii particular local authorities, or iii particular descriptions of local authority; b make different provision in relation to different local authorities or descriptions of local authority. 5 In proceedings for an offence under section 4 or 4A , evidence that payment of a fixed penalty was or was not made before the end of any period may be given by the production of a certificate which— a purports to be signed by or on behalf of the person having responsibility for the financial affairs of the local authority, and b states that payment of a fixed penalty was made on any date or, as the case may be, was not received before the end of that period. Seizure, etc. of equipment used to make noise unlawfully Powers of entry and seizure etc. 10 1 The power conferred by subsection (2) may be exercised where an officer of a local authority has reason to believe that— a a warning notice has been served in respect of noise emitted from a dwelling or other premises , and b at any time in the period specified in the notice, noise emitted from the dwelling or other premises has exceeded the permitted level, as measured from within the complainant’s dwelling. 2 An officer of the local authority, or a person authorised by the authority for the purpose, may enter the dwelling or other premises from which the noise in question is being or has been emitted and may seize and remove any equipment which it appears to him is being or has been used in the emission of the noise. 3 A person exercising the power conferred by subsection (2) must produce his authority, if he is required to do so. 4 If it is shown to a justice of the peace on sworn information in writing that— a a warning notice has been served in respect of noise emitted from a dwelling or other premises , b at any time in the period specified in the notice, noise emitted from the dwelling or other premises has exceeded the permitted level, as measured from within the complainant’s dwelling, and c entry of an officer of the local authority, or of a person authorised by the authority for the purpose, to the dwelling or other premises has been refused, or such a refusal is apprehended, or a request by an officer of the authority, or of such a person, for admission would defeat the object of the entry, the justice may by warrant under his hand authorise the local authority, by any of their officers or any person authorised by them for the purpose, to enter the dwelling or other premises, if need be by force. 5 A person who enters any dwelling or other premises under subsection (2), or by virtue of a warrant issued under subsection (4), may take with him such other persons and such equipment as may be necessary; and if, when he leaves, the dwelling is, or the other premises are, unoccupied, must leave it or them as effectively secured against trespassers as he found it or them. . 6 A warrant issued under subsection (4) continues in force until the purpose for which the entry is required has been satisfied. 7 The power of a local authority under section 81(3) of the Environmental Protection Act 1990 section 67(5) of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 to abate any matter, where that matter is a statutory nuisance by virtue of section 79(1)(g) section 63(1)(i) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance), includes power to seize and remove any equipment which it appears to the authority is being or has been used in the emission of the noise in question. 8 A person who wilfully obstructs any person exercising any powers conferred under subsection (2) or by virtue of subsection (7) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. 9 The Schedule to this Act (which makes further provision in relation to anything seized and removed by virtue of this section) has effect. General Interpretation and subordinate legislation. 11 1 In this Act, “ local authority ” means— a in Greater London, a London borough council, the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively, b outside Greater London— i any district council, ii the council of any county so far as they are the council for any area for which there are no district councils, iii in Wales, the council of a county borough, and c the Council of the Isles of Scilly. 2 In this Act— a “ dwelling ” means any building, or part of a building, used or intended to be used as a dwelling, b references to noise emitted from a dwelling include noise emitted from any garden, yard, outhouse or other appurtenance belonging to or enjoyed with the dwelling. 2A In this Act “ appropriate person ” means— a the Secretary of State, in relation to England; b the National Assembly for Wales, in relation to Wales. 3 The power to make an order or regulations under this Act is exercisable by statutory instrument which (except in the case of an order or regulations under section 8A(7) or 14 or an order or regulations made solely by the National Assembly for Wales ) shall be subject to annulment in pursuance of a resolution of either House of Parliament. 4 An order under section 8A(7) shall not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly. Protection from personal liability. 12 1 A member of a local authority or an officer or other person authorised by a local authority is not personally liable in respect of any act done by him or by the local authority or any such person if the act was done in good faith for the purpose of executing powers conferred by, or by virtue, of this Act. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expenses. 13 There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other enactment. Short title, commencement and extent. 14 1 This Act may be cited as the Noise Act 1996. 2 This Act is to come into force on such day as the Secretary of State may by order appoint, and different days may be appointed for different purposes. 3 This Act does not extend to Scotland. 4 In its application to Northern Ireland this Act has effect with the following modifications— a for any reference to a local authority there is substituted a reference to a district council, b for any reference to the area of a local authority there is substituted a reference to the district of a district council, c for any reference to the Secretary of State there is substituted a reference to the Department of the Environment for Northern Ireland, d any reference to an enactment includes reference to an enactment comprised in Northern Ireland legislation, e in section 10(4) for the words “sworn information” there is substituted the words “ a complaint made on oath and ” , f in section 11 for subsection (3) there is substituted— 3 The power to make orders under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and any orders made under this Act shall (except in the case of an order under section 14) be subject to negative resolution within the meaning assigned by section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act. , g in section 12 after subsection (1) there is inserted — 2 Subsection (1) does not apply to liability under section 81 or 82 of the Local Government Act (Northern Ireland) 1972 (powers of local government auditor and court). , h the following provisions are omitted— i section 10(7), ii in section 10(8) the words “or by virtue of subsection (7)”, iii section 11(1), iv in the Schedule, paragraph 1(a)(ii) and the word “and” immediately before it, v in the Schedule, in paragraph 1(b), the words “or section 81(3) of the Environmental Protection Act 1990 (as so extended)”.