Clean Neighbourhoods and Environment Bill

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Session 2004 - 05
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Clean Neighbourhoods and Environment Bill

Clean Neighbourhoods and Environment Bill
Schedule 1 — Application of the Noise Act 1996 to licensed premises etc
81

Schedules
Schedule 1
Section 84

Application of the Noise Act 1996 to licensed premises etc
1
The Noise Act 1996 (c. 37) is amended as follows.
2
In the heading to section 2, omit “from a dwelling”.
5
3     (1)
Section 2 (investigations of complaints of noise) is amended as follows.
      (2)
In subsection (2), after “emitted from” insert “(a)” and at the end insert “, 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”)”.
10
      (3)
In subsection (4)(a), after “the offending dwelling” insert “or the offending
premises”.
      (4)
In subsection (7)—
(a)
after “the offending dwelling is” insert “, or the offending premises
are,”;
15
(b)
after “if the offending dwelling” insert “or the offending premises”.
      (5)
After subsection (7) insert—
“(7A)
In this group of sections—
“premises licence” has the same meaning as in the Licensing Act
2003 (c. 17);
20
“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).”
4     (1)
Section 3 (warning notices) is amended as follows.
      (2)
In subsection (1)—
25
(a)
in paragraph (a)(i), after “offending dwelling” insert “or the
offending premises”;
(b)
for paragraph (b) substitute—
“(b)
give warning—
(i)
in a case where the complaint is in respect of a
30
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
35
dwelling, may be guilty of an offence;

Clean Neighbourhoods and Environment Bill
Schedule 1 — Application of the Noise Act 1996 to licensed premises etc
82

(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
5
complainant’s dwelling, is emitted from the
premises in the period specified in the notice.”
      (3)
In subsection (3), at the beginning insert “In a case where the complaint is in
respect of a dwelling,”.
      (4)
After subsection (3) insert—
10
“(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.”
      (5)
After subsection (5) insert—
15
“(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
20
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
25
(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
30
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
35
at that time who is in charge of the premises.”
5
In the heading to section 4, after “where noise” insert “from a dwelling”.
6
After section 4 insert—
“4A
Offence where noise from other premises exceeds permitted level
after service of notice
40
(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
45
(c)
the noise exceeds the permitted level, as measured from
within the complainant’s dwelling,

Clean Neighbourhoods and Environment Bill
Schedule 1 — Application of the Noise Act 1996 to licensed premises etc
83


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.”
5
7     (1)
Section 5 (permitted level of noise) is amended as follows.
      (2)
In subsection (1)—
(a)
for “the Secretary of State” substitute “the appropriate person”;
(b)
after “from any dwelling” insert “or other premises”.
      (3)
In subsection (4), for “The Secretary of State” substitute “The appropriate
10
person”.
8     (1)
Section 6 (approval of measuring devices) is amended as follows.
      (2)
In subsection (1), for “the Secretary of State” substitute “the appropriate
person”.
      (3)
In subsection (3), after “section 4” insert “or 4A”.
15
9     (1)
Section 7 (evidence) is amended as follows.
      (2)
In subsection (1), after “section 4” insert “or 4A”.
      (3)
After subsection (3) insert—
“(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
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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
25
kind.”
      (4)
In subsection (4), for “or (3)(a)” substitute “, (3)(a) or (3A)(a)”.
10    (1)
Section 8 (fixed penalty notices) is amended as follows.
      (2)
In subsection (1), after “section 4” insert “or 4A”.
      (3)
In subsection (2)(b), after “the offending dwelling” insert “or the offending
30
premises (as the case may be)”.
11    (1)
Section 8A (amount of fixed penalty), as inserted by section 82 of this Act, is
amended as follows.
      (2)
In subsection (2), at the beginning insert “In the case of an offence under
section 4”.
35
      (3)
After subsection (2) insert—
“(2A)
In the case of an offence under section 4A the amount of the fixed
penalty is £500.”
      (4)
In subsection (3), after “the fixed penalty” insert “payable in the case of an
offence under section 4”.
40

Clean Neighbourhoods and Environment Bill
Schedule 1 — Application of the Noise Act 1996 to licensed premises etc
84

      (5)
In subsection (6), after “(2)(b)” insert “or (2A)”.
12    (1)
Section 9 (section 8: supplementary) is amended as follows.
      (2)
In subsection (1), for “the Secretary of State” substitute “the appropriate
person”.
      (3)
After subsection (2) insert—
5
“(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
10
(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.”
      (4)
In subsections (4A)(b) and (4C), for each occurrence of “the Secretary of
15
State” substitute “the appropriate person”.
      (5)
In subsection (4D), for “The Secretary of State” substitute “The appropriate
person”.
      (6)
In subsections (4E) and (4F), for each occurrence of “the Secretary of State”
substitute “the appropriate person”.
20
      (7)
In subsection (5), after “section 4” insert “or 4A”.
13    (1)
Section 10 (powers of entry and seizure etc) is amended as follows.
      (2)
In subsection (1)—
(a)
in paragraph (a), after “a dwelling” insert “or other premises”;
(b)
in paragraph (b), after “the dwelling” insert “or other premises”.
25
      (3)
In subsection (2), after “the dwelling” insert “or other premises”.
      (4)
In subsection (4)—
(a)
in paragraph (a), after “a dwelling” insert “or other premises”;
(b)
in paragraph (b), after “the dwelling” insert “or other premises”;
(c)
in paragraph (c), after “the dwelling” insert “or other premises”;
30
(d)
after “to enter the” insert “dwelling or other”.
      (5)
In subsection (5)—
(a)
after “enters any” insert “dwelling or other”;
(b)
for the words from “the premises are unoccupied” to the end
substitute “the dwelling is, or the other premises are, unoccupied,
35
must leave it or them as effectively secured against trespassers as he
found it or them.”
14
In the Schedule (powers in relation to seized equipment) in paragraph
1(a)(i), after “section 4” insert “or “4A”.