Business fined for breaching noise abatement notice

A local business has been ordered to pay fines and costs of more than £4,500 for breaching a noise abatement notice on ten separate occasions.

MWC Pubs Ltd, the owners of the Hare & Hounds pub in High Garrett, Braintree, pleaded guilty at Ipswich Magistrates Court on Friday 7th January 2022 following 10 offences of breaching a noise abatement notice that took place between 8th May and 25th September 2021.

Braintree District Council issued the Noise Abatement Notice on 6th May 2021 following a number of noise complaints to the Council relating to loud music in the pub garden. Despite written and verbal requests to the owner, Mr Campbell, to control the noise from events in the garden, a number of incidents were witnessed by the Council resulting in the abatement notice being served. 

Noise abatement notices are issued by local authorities following an investigation of complaints about a certain issue that may be considered a ‘statutory nuisance’.

The breach of the notice was caused by the statutory nuisance of loud music at the Hare & Hounds public house, without reasonable excuse, contrary to Section 80(4) of the Environmental Protection Act 1990. There was significant dialogue with Mr Campbell by Braintree District Council’s Environmental Health team after issuing the notice in order to try to prevent breaches of the notice. Despite these efforts, breaches took place over the summer months.

The court ordered MWC Pubs Ltd to pay fines totalling £2,500, £2,000 to contribute to Council’s costs and a £190 victim surcharge.

Councillor Wendy Schmitt, Cabinet Member for Climate Change and The Environment, welcomed the outcome of the prosecution.

She said: “We take noise nuisance seriously and while we always act on complaints and try to find ways to resolve the problem to everyone’s satisfaction, in this case it was not possible. The business failed to comply with the notice which resulted in 10 witnessed breaches taking place.

“Any resident with concerns about noise disturbance can find out more on our website at www.braintree.gov.uk. We will continue to support residents by responding to enquiries, investigating reports and intervening where necessary.”

The Noise abatement notice still remains in place and Braintree District Council can return the matter to court should there be further non-compliance.

Published: 12th January 2022