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Noise Act 1996

Consolidated Text As Enacted Cited authorities 13 Cited in Amendments 65 Related
Vincent
JurisdictionUK Non-devolved
Citation1996 c. 37
Year1996
  • F1Sections 2 to 9 apply to the area of every local authority in England and Wales.
    • (1) F38A 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.F2A 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.another dwelling (referred to in this group of sections as “the offending dwelling”) F21, orany 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”) .another dwelling (referred to in this group of sections as “the offending dwelling”) F42, orany premises in relation to which an exhibition licence has effect;any place in relation to which an entertainment licence has effect;any licensed premises;a place at which the sale of intoxicating liquor is for the time being authorised by an occasional licence;any premises where meals or refreshments are supplied whether for consumption on or off the premises;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.noise is being emitted from the offending dwelling F43or the offending premises during night hours, andthe noise, if it were measured from within the complainant’s dwelling, would or might exceed the permitted level,to decide whether any noise, if it were measured from within the complainant’s dwelling, would or might exceed the permitted level, andfor 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 isF40, 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 F41or 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.

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