The Antisocial Behaviour (Scotland) Act 2004 has a new solution for the old problem of domestic noise causing a nuisance to neighbours. Local Authorities now have additional powers to deal with noise nuisance in the domestic situation.
Neighbour noise can be a serious problem for people living in the Falkirk area.
The types of domestic noise that can be dealt with by the new powers include: loud music or TV, prolonged DIY, barking dogs and audible intruder alarms.
The additional powers include the use of Warning Notices and Fixed Penalty Notices in relation to permitted noise levels in domestic dwellings.
Permitted noise levels
There are three new permitted noise levels:
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Time of day
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Specific hours of day
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Noise level
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Daytime
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07:00 - 19:00
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LAeq 41dB
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(7.00am - 7.00pm)
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Evening
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19:00 - 23:00
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LAeq 37dB
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(7.00pm - 11.00pm)
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Night
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23:00 - 07:00
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LAeq 31dB
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(11.00pm - 7.00am)
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A new noise offence is based on exceeding the permitted level as measured by a suitably trained and qualified Officer. If an officer of the Council considers that noise being omitted from a dwelling exceeds or may exceed a permitted level the officer may issue a Warning Notice.
Where the Notice is not complied with within the specified time period, the officer will measure the noise level from a relevant place and if it exceeds the permitted level, the person responsible for the noise will have committed an offence. The officer may then issue a Fixed Penalty Notice (currently £100).
Seizure of equipment
Where noise problems continue or recur, there are new powers of entry and seizure of equipment used to make noise unlawfully. Such noise making equipment will typically comprise electronic items such as a hi-fi, TV, DIY equipment and musical instruments. It may potentially also include a collection of CDs, DVDs, records or tapes.
What you can do
If you are creating a noise disturbance please be considerate to your neighbours and keep noise to a minimum or the result may be a £100 fine. Anyone requiring advice on minimising noises from your home contact the office below.
If you are affected by noise from a neighbouring house consider approaching those responsible for the noise to make them aware of the problem, as they may not realise that their noise is disturbing you. If you do not want to speak to your neighbour or the first approach did not work please contact us.