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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good day I have a noise nuisance case against me ( I am

Resolved Question:

Good day
I have a noise nuisance case against me ( I am the defendant ). I run a pub in an INDUSTRIAL zone ( permissible noise levels allowed is 75db ) which boarders a residential settlement , however in the spirit of mediation I together with the residents jointly wrote to the statutory body in charge of noise pollution requesting them to come in and do a study on my levels to determine if I was operating within my permitted levels
The report stated that I was within my permitted levels of 65db and was operating within my lawful limits
PLEASE NOTE THAT THE STATUTORY BODY ALLOCATED 65DB FOR MY OPERATION AND NOT 75DB .65db represents the maximum permitted levels FOR RESIDENTIAL areas which I am clearly within .
The magistrate ruled against my operation.It is presently in the appeal court .Please advise
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

how is it the magistrate court disregarded the findings of a statutory body when their findings clearly places the noise level that i am producing within the legal limit .

The objectors lawyer used the coventry v Lawrence case - a 2012 case in the UK relating to the operations of a racetrack - as a reference however in that case the offender was clearly exceeding the permitted levels weather or not the race track existed before the arrival of the resident i.e coming to a nuisance ?

Customer: replied 2 years ago.

In the UK you guys have the serving of a "noise abatement notice " if the EA finds excessive noise to create a nuisance . In my area there is an EA as well and they found my operation/ sound levels to be lawful

Expert:  Jo C. replied 2 years ago.
Well, there could be lots of reasons. Obviously I haven't heard the evidence. It might be that they were just wrong. It wouldn't be the first time with Magistrates.
It might be that the issue is the time and duration of the noise rather than the level.
If you look at the Lawrence v Coventry case here
http://www.bailii.org/uk/cases/UKSC/2014/13.html
It doesn't really seem to have been decided upon the issue of the level of the noise. It seems to be accepted that there was noise.
I think probably that the issue was though that the report was not admissible unless the other side agreed it. You can't just introduce reports. People have to come to court to give evidence about them and be examined by the other side. If there is a witness who can say that, at least on the occasions he conducted enquiries, the noise limit was acceptable then that would be useful but he has to give evidence.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

The residents and myself wrote a joint letter to the EA requesting them to engage in a study to determine if i was in breach .
This letter was penned and came out of the office of the residents attorney and was cosigned by myself and my attorney

The reply from the EA was addressed to the residents but as there was no request for me to be cc on the report I was not sent a copy by EA nor was i furnished a copy by the residents attorney.

With the findings going against them I doubt that they would have sent it

I was however at a latter date able to acquire a copy of the report from the EA .

If the EA has permitted me a 65db threshold is this my legal threshold in a court of law ?

If I am within the stipulated residential db levels as per the "law of the land " what levels are to be considered a nuisance .... 66db ?

If the magistrates decision is to hold true then basically I am being held against a different law re noise levels than the rest of the country .

Has there been a case in the UK where an objector(s) brought a case against a licensed venue and lost as they were unable to show that the noise emanating from the location was not sufficient to constitute a nuisance ?

Expert:  Jo C. replied 2 years ago.
You are in the UK I presume?
We don't have attorneys here.
Customer: replied 2 years ago.

I reside outside of the UK

Customer: replied 2 years ago.

I reside outside of the UK .

Expert:  Jo C. replied 2 years ago.
Is this case in the UK?
Customer: replied 2 years ago.

Its based in the West Indies however legal partitioners regularly refer to UK case law .

Expert:  Jo C. replied 2 years ago.
Sorry, can't help with cases outside of the UK.
I will opt out.
Customer: replied 2 years ago.

No problem ... I understand

Customer: replied 2 years ago.

Can you please advise on the debit charges that was done via my c card ?

Will another barrister respond in your place ?

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
I can advise on UK law is that helps and you may cite that?
Alex
Customer: replied 2 years ago.

Sure no problem ..... is the conversation thread i had with the previous solicitor visible to you ?

Customer: replied 2 years ago.

Sure no problem ..... is the conversation thread i had with the previous solicitor visible to you ?

see below for my resopnses to the previous solicitor-


how is it the magistrate court disregarded the findings of a statutory body when their findings clearly places the noise level that i am producing within the legal limit .


The objectors lawyer used the coventry v Lawrence case - a 2012 case in the UK relating to the operations of a racetrack - as a reference however in that case the offender was clearly exceeding the permitted levels weather or not the race track existed before the arrival of the resident i.e coming to a nuisance ?

Customer: replied 2 years ago.

Sure no problem ..... is the conversation thread i had with the previous solicitor visible to you ?

see below for my resopnses to the previous solicitor-


how is it the magistrate court disregarded the findings of a statutory body when their findings clearly places the noise level that i am producing within the legal limit .


The objectors lawyer used the coventry v Lawrence case - a 2012 case in the UK relating to the operations of a racetrack - as a reference however in that case the offender was clearly exceeding the permitted levels weather or not the race track existed before the arrival of the resident i.e coming to a nuisance ?



In the UK you guys have the serving of a "noise abatement notice " if the EA finds excessive noise to create a nuisance . In my area there is an EA as well and they found my operation/ sound levels to be lawful



Expert:  Ash replied 2 years ago.
For now please let me know whether you were creating the noise, ie the use of your facility before residents ever moved there?
Customer: replied 2 years ago.

No I recently opened they resided there for over 18 years . However the area that I am in has been identified as an industrial zone for over 30 years on the development plans .

There has been in the past (over 15 years ago) a similar licensed operation i.e pub. The character of the area I occupy in the industrial zone houses retail businesses

Even if i existed before, the " coming to a nuisance " defence cannot be used on my part ...re-The Coventry v Lawerence case .My position is simply that I am within even residential noise limits as allocated by the EA therefore I cannot be considered a nuisance .As mentioned they investigated the issue and found that there intervention was not warranted

Expert:  Ash replied 2 years ago.
Are you creating any more noise than previous occupants?
Customer: replied 2 years ago.

the previous occupants used our premises as a wharehouse so yes we are making mire noise

Expert:  Ash replied 2 years ago.
I think you have grounds for appeal.
You are within the legal limits and therefore should not be prosecuted. Otherwise what is the point of having a legal limit, none.
The Coventry case is not on all fours. In order to rely on the case it must be the same, clearly here is was not and the court should have disregarded it.
therefore given that and the fact there is a legal limit which you do not exceed are enough for grounds to appeal.
can I clairfy anything for you about this today please?
Alex
Customer: replied 2 years ago.

Please provide case law references for your statement above ?Also cases where the noise was not considered a nuisence (as claimed by the objectors )in a noise nuisance case with the case being dismissed

Expert:  Ash replied 2 years ago.
I need to come back to you tomorrow about that.
Customer: replied 2 years ago.

Understood ! Looking fwd to continued communication .

Expert:  Ash replied 2 years ago.
You wont need a case reference for Coventry as its a legal principal. In order to rely on a case it must be the same or as is called ' on all fours '. If it is not then you can't rely on it.
The Environmental protection Act 1990 gives a Council power to investigate and prosecute, but if its below the limit they can't prosecute and you would seek a Judicial Review of that decision, so when there was a notice to prosecute that should have been Judicially Reviewed.
I couldnt find any cases, but you have to remember 99% of cases are NOT reported. But if seems to be a Judicial Review was the way forward.
And you can appeal on the basis Coventry is not on all fours and can be distinguished.
Alex
Customer: replied 2 years ago.

Thanks for your response . There must be some existing case where the judgement went in favor of the license holder and not the objectors as a result of the noise level not being a nuisance and / or within the permitted levels

Expert:  Ash replied 2 years ago.
Not that I can see in the legal resources.
That is not to say there is not but that may take several hours research. As I said 99% of cases are not reported.
Alex
Customer: replied 2 years ago.

I will need some cases for reference. I can hold for your response for a few days

Expert:  Ash replied 2 years ago.
Sadly I can't spend hours on research as it is not economical and beyond the remit of the site.
There are free search facilities
http://www.bailii.org
Alex
Customer: replied 2 years ago.

Understood .... I am in a very frustrating situation here re my court case . Any assistance on cases where a statutory body findings regarding noise trumped private law rights would help

How do I go about rating your service

Expert:  Ash replied 2 years ago.
You can go here to search:
http://www.bailii.org/
You should see buttons to rate, a happy face at the bottom of the screen.
Thanks!
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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