Newham LBC v White - A Recent Case on Noise Abatement Notices

A recent case in the Divisional Court (12 March) has given guidance on the test to be applied in relation to alleged breaches of Noise Abatement Notices.

The facts involved Newham LBC who issued a noise abatement notice requiring the respondent to "cease or cause to cease alleged shouting and amplified music said to have caused a noise or vibration , at sufficient volumes to cause a statutory nuisance". The council then prosecuted alleging a breach of the notice. The evidence submitted by the council was that an officer had witnessed noise for 35 minutes and decided it constituted a statutory nuisance.

The magistrates acquitted but stated a case for the High Court for clarification. Interestingly the Local Authority appeared at the subsequent hearing but the initial respondent did not.

In the Divisional Court the court found that:

• The magistrates had applied a subjective test, which was the wrong one. The correct test as to what constituted a statutory nuisance was the common law objective one, namely the standard of the average person, which could differ depending on the neighbourhood...... The local authority's expert had been entitled to give evidence on a matter within his expertise, but the magistrates did not have to act on the evidence. 
• Because of the correct test above, the magistrates had not been entitled to dismiss the information laid. 
• The case was remitted back to the magistrates to apply the proper test.