A prosecution for breaching a noise abatement notice has taken place following sustained noise nuisance.

A final warning was issued directly to Frank and Nancy Pearce in Petts Wood Road, Orpington, who were verbally warned that a prosecution would ensue should there be any further breaches. Continued monitoring showed there had been two further breaches, with a prosecution then moving ahead.

Investigations and monitoring of the property showed that loud amplified music was being regularly played into the late hours of the night. Warning letters were sent to the owners of the property regarding the noise but there had been no signs of compliance.

A Noise Abatement Notice was served in November 2021 which prohibited the occupants from continuing to play music at disruptive volumes. Further inspections followed and found that the loud music had persisted, in breach of the abatement notice.

Councillor Angela Page, Executive Councillor for Public Protection and Enforcement, said: “Where noise nuisance comes to our attention, we will look to take action, with prosecution being the last resort. This was a serious matter – despite being in contact with those responsible for the noise, and issuing a noise abatement enforcement notice, the noise nuisance regrettably persisted, resulting in this prosecution. We are hopeful that this is now resolved but will continue to monitor and take further action if needed.”

Nancy Pearce pled guilty and was ordered to a pay a fine of £155, a £34 surcharge, and £85 in prosecution costs. Frank Pearce was fined £220, a £34 surcharge an additional £300 in costs.

Ends

Editor’s notes – the prosecution took place at Bexley Magistrates Court, on 13 June, with the defendants being prosecuted under Section 80 of the Environmental Protection Act 1990 (EPA), with sentencing complete by 26 July.

Published: 1st August 2022