Council is successful in prosecuting pub for noise nuisance

The pub is situated in a village location with residences close by and the pub garden backs on to residential properties. The noise issues were occurring of a weekend and caused by outdoor party style events with loud music.

Following the notice served, further complaints were received, and a meeting was held on 14 October 2021 between council officers and Ms Davis and representatives. During this meeting, Ms Davis was informed by the officers that live music and DJs were better to be set up inside the pub and that the garden area was more suitable for background music in terms of avoiding causing a statutory nuisance.

Complaints of noise levels from the pub were received from residents during spring/summer 2022. Intermittent monitoring took place, where breaches of the noise abatement notice were observed.

03 June 2022 – Council officers attended a resident’s property after being notified of loud music from the pub. The officers witnessed a DJ booth in the garden and amplified music that was clearly audible and intrusive at the resident’s property, and this was deemed a breach of the noise abatement notice. Ms Davis was sent an email on 11 June 2022 by the Council, which informed her of this breach of the noise abatement notice and that if further breaches were witnessed then formal enforcement action would be taken.

23 July 2022 – Recorded evidence was gathered from council noise monitoring equipment at a resident’s property. A council officer witnessed from the recordings on this date, clearly audible music, and loud volumes during a five-hour period. This was deemed a breach of the noise abatement notice and Ms Davis was informed of this in a warning letter sent by the Council on 16 August 2022. Within this letter Ms Davis was informed that a further breach of the noise abatement notice would lead to prosecution proceedings.

23 August 2022 – Council officers attended a resident’s property after being notified of an event in the pub garden. Music was witnessed to be audible at the property at varying levels during a 20-minute period.

On 24 August 2022 Ms Davis was informed by the Council in an email exchange that officers witnessed some of the event. Ms Davis was urged to comply with the advice given to have background music levels as the Council will have to act on a further breach.

Recorded evidence was also gathered on this date from council noise monitoring equipment at the resident’s property. A council officer then witnessed from these recordings loud and audible music over a 10-hour period. This was deemed a breach of the noise abatement notice on 13 September 2022 by council officers.

28 August 2022 - Recorded evidence was also gathered from council noise monitoring equipment on this date at the same resident’s property. A council officer witnessed from the recordings’, loud and audible music during a three-and half-hour period. This was deemed a breach of the noise abatement notice on 13 September 2022 by council officers.

Ms Davis was informed of the breaches of the noise abatement notice that took place on 23 and 28 August 2022 on 12 October 2022.

The Council brought a prosecution of 4 charges against Ms Davis that on the 03 June 2022, 23 July 2022, 23 August 2022 and 28 August 2022, Ms Davis having been served by the Council with an Abatement Notice dated the 30 July 2021 did fail without reasonable excuse, to comply with the requirements imposed by the Abatement Notice.

Ms Davis attended court and plead not guilty to all 4 charges.

The matter was listed for a trial which was subsequently heard over a course of one and half days at St Albans Magistrates Court.

On the 19 December 2023 the Court found Ms Davis guilty beyond reasonable doubt. She was convicted on all 4 counts.

The Court imposed a fine on Ms Davis of £600 on each count (totalling £2400), imposed a victim surcharge of £960 and ordered Ms Davis to pay the Councils costs of £15,884.47.

Councillor Sandreni Bonfante, Executive Member for Environment said:

The prosecution of the Coach and Horses pub demonstrates our commitment to addressing noise nuisance in our community and serves as a reminder that the council are proactive in addressing such issues. I would like to thank our council officers for their diligent work in this matter and thank our residents for their patience and cooperation. Further information on how to report noise nuisance can be found on the council’s website. If you suspect noise is related to domestic violence, abuse of another person or a violent incident call 999.