This section was worth 40% of the exam

A statutory nuisance is when a business or private individual emit noise ,odours or dust from a premises - however noise from airports are exempt.

It is important to note that the problem must be continuous to be considered a statutory nuisance hence a problem that is continuing.

Statutory nuisance means that there is a definition of nuisance in governmennt made law - envirnmental protection act 1990 part 3

Means of controling a statutory nuisance - 1ST contact your environmental health officer. The envronmental health officer is legally obliged to investigate and review thr case. If not they are breaking the law.

As an individual you can also go to the magistrates court and undertake a private prosecution. However cost will be involved.

If complaint is made to local authority and they have concluded that nuisance exsists they will issue a formal notice and then give them 21 days to respond.

If the nuisance continues after 21 days that loc. auth will issue an abatement notice.

It is not a criminal offence to play music loud it is an offence to not follow abatement notice order.

Formal notice individual has 21 days to respond
Abatement notice gives 21 days therefore 42 days before fine is issued.

Business can be fined up to £20,000 and private individual upto £5,000.

In certain circumstances the magistrates court can offer compensation to the person who has been wronged.
Magistrates court are guided by -
Nature and location
Time and duration
utility of activity.

You can also go directly to the high court in london and try and get an injunction notice if noise continues if still ignored then this is considered contempt of court which could lead to a prison sentence.