A noisy neighbour has been prosecuted after almost a year of disturbing her neighbours with loud music. Tessa Dale, of Stenson Avenue in Sinfin was found guilty of failing to comply with a Community Protection Notice. As a result, she was handed a £250 fine, £250 costs and a £30 victim surcharge.
The Council received its first complaints about noise from the property on Stenson Avenue in August 2017 and a warning letter was issued to Tessa Dale. In October 2017, following further complaints the Council’s Environmental Protection team installed noise monitoring equipment. The subsequent recordings revealed the extent of the noise and the detriment to the local community. The team issued Tessa with a Community Protection Notice (CPN) requiring her to reduce the volume of her music.
However, further recordings sent to the Council via their Noise App in February this year proved that Tessa was not complying with the CPN and was still causing distress to her neighbours. A Fixed Penalty Notice (FPN) was issued to Tessa, which she refused to pay.
In April, Tessa was warned that she would face prosecution as a result of breaching the CPN and not paying the FPN. However, the warning was ignored and loud music continued to sound from the property.
In June this year, Tessa was offered a formal caution by the Council but her refusal to accept the caution left the Council with no option but to proceed with a prosecution to restore peace and quiet to the Derby suburb.
Appearing in court on the 4th of October, Tessa was found guilty of failing to comply with the CPN that had been issued and was required to pay a total of £530.
The court was satisfied that Tessa had been properly served with the CPN and was aware of the conditions it imposed on her. The court also agreed that the Council had made numerous attempts to resolve the issues by writing to Tessa, giving her advice about the level of noise, arranging a meeting (that Tessa did not attend) and offering a caution. Because of this, the court action was considered to be justified.
According to the World Health Organisation Environmental noise exposure is responsible for a range of health effects, including increased risk of ischaemic heart disease as well as sleep disturbance, cognitive impairment among children, annoyance, stress-related mental health risks, and tinnitus.
Councillor Matthew Holmes, Cabinet Member for Regeneration and Public Protection commented:
“Residents have the right to feel safe and relaxed in their own home and it’s not acceptable for someone’s behaviour to impact neighbours to this extent.
As this prosecution shows, we will take the appropriate action to address issues such as noise so that our communities can enjoy a good quality of life.”