Night Noise

These powers apply to the Environmental Health Team within Blyth Valley Borough Council.

Section 2 of the Noise Act 1996 created the power for local authorities (LA's) to investigate complaints from residents about excessive noise coming from a residential dwelling during the night, defined as between the hours of 11pm and 7am. It also gives LA's the power to serve a warning notice under section 3 where an authorised officer considers that the noise exceeds the permitted level.

Investigating and measuring night noise

The permitted level for night noise is given in the directions under the Act available to view in the annex of the  Noise Act Circular NN/31/03/2004 - Noise Act 1996 (PDF file 210Kb). The circular explains how to investigate, measure and take action against night noise.

s42 of the Anti-Social Behaviour Act 2003 makes the powers to investigate night noise available to all local authorities whether or not they have adopted the provisions of the Noise Act 1996. 

Warning notices and fines for night noise

If, following measurement of the noise from within the dwelling of the complainant, the noise exceeds the permitted level, the local authority can  

• fine the offender up to £1,000 upon summary conviction, or;
• offer the offender the option to discharge liability to conviction with the payment of a fixed penalty notice (FPN) within 14 days.

Warning notices in respect of such noise must be given, and where the noise remains excessive (after at least ten minutes), the local authority can either prosecute or (more likely) issue an FPN.

At night time the quick resolution of a noise problem is vital. FPNs can deal quickly and effectively with inconsiderate noisy neighbours. FPNs give the noisemakers a choice between summary proceedings or paying a £100 penalty (the default level where the LA does not set an alternative level). 

The power to issue an FPN for night noise is extended to licensed premises under s84 of the Clean Neighbourhoods and Environment Act 2005 and is due to commence later in 2006.

View Guidance on noise under the Clean Neighbourhoods and Environment Act 2005 (PDF 187 kb) published in April 2006 on the Department for the Environment and Rural Affairs (DEFRA) website.

View the toolkit for tackling environmental ASB on the Chartered Institute of Environmental Health website.

Further Information

You can obtain further information from the following

• ASB Unit, Blyth Valley Housing, Dinsdale House, 75 Marine Terrace, Blyth NE24 2LN.
• Telephone: ASB Unit Hotline 01670 542060
• RNID Typetalk service prefix number 18001
• EMail: Anti-Social Behaviour Unit