Scotland: Noise Complaints

It’s difficult to run a bar, club, restaurant or casino without making a certain amount of noise. Bins need to be emptied. People need to be able to smoke outside. And sometimes you need to play music so people can dance.

Often these things can be done without anyone really noticing but sometimes, what you’re doing on your premises can become a nuisance to those around you.

In those instances people can complain to the local authority and you can be served with a Noise Abatement Notice, which can order you to stop doing whatever is causing the problems.

Failure to comply with such a notice can result in a Criminal Prosecution but there are ways you can turn the situation around. As long as it is within 21 days of the notice being served, we can help you appeal the noise abatement order in the Sheriff’s Court.

We can also work with you, the authorities and expert noise consultants to find a solution that will allow you to carry on trading effectively without causing a nuisance.

Glossary

Criminal Prosecution

Proceeding undertaken in a proper Court on behalf of the public with the prupose of convicting guilty defendants and dispensing appropriate punishment.

Noise Abatement Notice

where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, the local authority shall serve an abatement notice imposing all or any of the following requirements:

  1. requiring the abatement of the nuisance or prohibiting or restricting its occurrence or recurrence;
  2. requiring the execution of such works, and the taking of such other steps, as may be necessary for any of those purposes