A woman from Ely, Cardiff was fined £540 for breaching a Noise Abatement Notice under Section 80 of the Environmental Protection Act 1990.
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Nicola Brockway of Grand Avenue, Cardiff had pleaded guilty to the charges on the 28th August 2012. She was fined £135 for each offence (total £540); ordered to pay costs of £220 and a victim surcharge of £15. In addition, a Forfeiture Order was granted on seized items; a large flat screen television, hi-fi equipment, two speakers, a sub-woofer and a CD radio boom box. She was also warned that a Restraining Order may be issued against her should she be brought back to court on similar offences.
Chair of Cardiff Council’s Public Protection Committee, Cllr Derrick Morgan, said: “We take noise nuisance extremely seriously especially when it is persistent and affects the health of those living nearby. This case shows that such unreasonable behaviour will not be tolerated and the fines that the defendant has to pay reflect the deliberate and repeated nature of the disturbances she caused her neighbours.”
While the defendant in this case was convicted of deliberately causing distress to her neighbours, Cardiff Council suggests that on most occasions people may not be aware that they are causing a problem. In such instances, talking to neighbours in a calm and reasonable manner may resolve the issue. If residents do not believe that this will improve the situation, the Council can raise the matter with the neighbour.
Should the neighbour continue to cause a nuisance and evidence of the nuisance can be obtained, then Cardiff Council can take action against the person in the Magistrates’ Court. Fines up to £5,000 can be imposed if found guilty and items causing the disturbance can be seized.
