Hucknall resident prosecuted for breaching Noise Abatement Notice
The Council have secured their first prosecution for a breach of a Noise Abatement Notice against a resident in Hucknall.
Andrew Spencer of Sheridan Way, Hucknall, was convicted at Nottingham Magistrates Court for Breaching an Abatement Notice, under Section 80 (4) Environmental Protection Act 1990, on 28th June 2021.
The Council’s Community Safety Team received numerous complaints from Spencer’s neighbours alleging noise nuisance from a loud television and other audio equipment being used from his home.
Council officers acted swiftly by offering mediation between the neighbours and providing several warnings to Spencer so this could be dealt with informally, however this advice was ignored. Following a review of noise recordings from the neighbouring properties, it was established that the noise constituted a statutory nuisance, and an Abatement Notice was served requesting Spencer to stop.
Despite the Notice being served, Council officers continued to receive reports of noise nuisance and successfully applied to the courts for a warrant to seize the equipment.
At the hearing, Spencer was found guilty of two offences under the legislation which led a successful conviction and a forfeiture order. This allowed the Council to permanently retain the equipment that was used in Spencer’s home.
Spencer received an £80.00 fine in respect of the two offences and had to pay a contribution of £400.00 towards the Council’s costs of £558.99. He was also ordered to pay a victim surcharge of £34.00, totalling £514.00.
Cllr Helen-Ann Smith, Cabinet Member for Community Safety, said “This is an excellent result for the Community Safety Team. Spencer continually ignored warnings and mediation, and continued to cause a noise nuisance. He had no thoughts or consideration for his neighbours.
“This should act a warning to anyone else who is in the minority of residents who cause nuisance and make life miserable for their neighbours. We will not tolerate any kind of anti-social behaviour in Ashfield, and we will pursue enforcement action when we can”.
