When legal action can be taken
There are times, despite the best efforts of the investigating officer, when Brighton & Hove City Council cannot obtain the evidence necessary to take action on behalf of the person who has made a complaint. This may be due to noise which occurs intermittently or we're unable to gather evidence to prove a statutory nuisance.
In such circumstances, independent legal action can be taken by complaining directly to the Magistrate's Court under Section 82 of the Environmental Protection Act 1990 under the grounds that you are aggrieved by noise amounting to a statutory nuisance.
The procedure is fairly simple and does not have to cost much. You may not need to employ a solicitor but it's advisable to obtain some legal advice.
Brighton & Hove City Council cannot be held responsible for any outcome where private action is pursued. These notes are for guidance only.
Steps to take your own legal action
- Collect your evidence by keeping a daily account of the disturbances and how you're affected. You should include:
- dates, times and duration of noise
- an accurate description of the noise; nature and effect of disturbance e.g. unable to hear your television, unable to sleep, woken up;
- action taken at the time e.g. spoke to the person responsible, called police, went out.
- Establish the full name and address of the person(s) responsible for the noise and the proper address of the noisy premises.
- Before approaching the Court you should write to the noisemaker(s) saying that unless the noise is abated within, say 2 weeks, you'll complain to the Magistrate's Court to institute legal proceedings against them. You must specify the matter complained of. Keep a copy of all correspondence.
- Take your evidence to Brighton & Hove Magistrates Court at around 9:30am on any weekday and present it to the Clerk of the Court. Explain you wish to make a complaint under Section 82 of the Environmental Protection Act 1990.
- The Clerk will decide whether or not you have sufficient evidence of a statutory nuisance. If you have sufficient evidence, the Clerk will issue a Court Summons and fix a hearing date for approximately 4 to 6 weeks' time. You may have to pay a fee for this.
- You, any witnesses and the person(s) summonsed must appear at the Court on the given date. In Court, you'll be required to explain your case and produce your diary and any witnesses. The 'offender' will be able to cross-examine you if they wish.
- If the Magistrates are convinced you have a case then an Order will be made requiring the defendant to abate the nuisance and prohibiting its reoccurrence. In addition, a fine may also be imposed.
- If the Order is ignored you must keep further records and if necessary, return to the Court with your evidence for a prosecution. Unlimited may then be imposed.
- If you're successful you may apply to the Court for costs against the defendant to cover any costs you may have incurred.
For further advice contact the Magistrates Court.