Part 5

Noise nuisance

Noise control provisions

Offence where noise exceeds permitted level after service of notice
45
1
If a warning notice has been served in respect of noise emitted from relevant property, any person who is responsible for noise which—
a
is emitted from the relevant property in the period specified in the notice; and
b
exceeds the permitted level as measured from a relevant place,
shall be guilty of an offence.
2
A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
It shall be a defence for a person charged with an offence under subsection (1) to show that there was a reasonable excuse for the act, failure or sufferance by reference to which the person was charged.
4
A person shall be taken to have shown the matter mentioned in subsection (3) if—
a
sufficient evidence is adduced to raise an issue with respect to it; and
b
the prosecution does not prove the contrary beyond reasonable doubt.
5
In proceedings for an offence under this section, a measurement of noise by a device is not admissible as evidence of a level of noise unless the device is an approved device and any conditions subject to which the approval was given are satisfied.