Successful noise abatement prosecution

Derbyshire Dales District Council has successfully prosecuted Lee Burgin of the Old Eyre Arms, Hassop, for failing to comply with a noise abatement notice served under the Environmental Protection Act 1990.

In Mr Burgin's absence, Chesterfield Magistrates' Court on Tuesday (22 June) ordered him to pay a total of £2,660.70 in fines and costs. He also forfeits a generator valued at £2,000.

The court heard that Mr Burgin was warned by the District Council's environmental health staff to reduce the noise from the generator used to power lighting associated with a pizza trailer operated in the Old Eyre Arms car park.

The generator was causing a noise nuisance, with levels in excess of 50 dB(A) at nearby residents’ homes.

Officers were clear they did not want to stop him running his pizza trailer, just to reduce the noise associated with the generator.

However, the court heard Mr Burgin did not take this advice and complaints continued to be received by the District Council, prompting a noise abatement notice to be served under section 80 of the Environmental Protection Act 1990. This required Mr Burgin to abate the noise - not cease the business - within seven days.

Mr Burgin took no remedial action to comply with the notice. Although he stopped trading from the trailer for a period of time, when he re-started trading he still used a generator, and had in fact swapped the first generator for another one, which was noisier.

The environmental health team then applied for and were granted a warrant to seize the generator. The warrant was executed on Wednesday 16 June, with assistance from other District Council staff and the police.

The court heard that since then Mr Burgin has been using a mains supply to power the pizza trailer’s lights.

Mr Burgin failed to attend court despite being informed by letter from the Council and the Court and receiving personal reminders about the hearing from environmental health officers.

Magistrates fined Mr Burgin £1,320, plus a victim surcharge of 10% - a further £132. The Council's £1,208.70 costs were awarded in full.

A District Council spokesperson said after the hearing:
"The good news is that a noise problem has eventually been resolved in court, but we would much rather have reached an amicable agreement with Mr Burgin at an earlier stage.
"Had Mr Burgin listened to and acted on our advice in the first instance there would have been no need to go down a formal enforcement route. The message though is that if we have to enforce, we will."
Derbyshire Dales District Council has successfully prosecuted Lee Burgin of the Old Eyre Arms, Hassop, for failing to comply with a noise abatement notice served under the Environmental Protection Act 1990.

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