(1)If a warning notice has been served in respect of noise emitted from a dwelling, any person who is responsible for noise which—
(a)is emitted from the dwelling in the period specified in the notice, and
(b)exceeds the permitted level, as measured from within the complainant’s dwelling,
is guilty of an offence.
(2)It is a defence for a person charged with an offence under this section to show that there was a reasonable excuse for the act, default or sufferance in question.
(3)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Textual Amendments
F1Words in s. 4 heading inserted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 5; S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk); and words in s.4 heading inserted (N.I.) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 1 para. 5; S.R. 2012/13, art. 2(2), Sch. 2
Modifications etc. (not altering text)
C1S. 4(3) applied (with modifications) (19.9.2007) by London Local Authorities Act 2007 (c. ii), s. 1(3), Sch. 2 Pt. 1
Commencement Information
I1S. 4 wholly in force at 1.9.1997; s. 4 not in force at Royal Assent see s. 14(2); s. 4 in force at 23.7.1997 for England and Wales by S.I. 1997/1695, art. 2 and 1.9.1997 for Northern Ireland by S.R. 1997/366, art. 2