As part of an investigation into alleged noise nuisance, we may, in some circumstances, use digital audio recording to assist in obtaining the necessary evidence.
Where this is used we will adhere to our digital audio recording policy.
Investigating noise normally relies on an officer visiting when the noise is happening and assessing whether we can take formal action to resolve the problem.
However this is not always possible, even when residents use our out of hours noise service with, for example, noises that may be of short duration.
In such cases it is possible, depending on the circumstances of the case, to install noise-monitoring equipment, which incorporates digital audio recording equipment.
This policy seeks
to set out when it is appropriate to use
such equipment and the safeguards we need to employ.
Noise investigation procedure
We have a statutory duty to investigate noise complaints.
However the type of investigation in a particular case will vary depending on whether this is the first incident and on the potential severity of the noise.
In general when a complaint is received for the first time in any particular 12 months we will write to the complainant and the person complained about and offer advice about the law and options for action.
Additionally we send out diary record sheets to the complainant and ask for them to be completed over a two-week period.
These provide valuable information to case officers about the severity of the noise, the number of incidents, the time of day it occurs and the duration of events.
In severe cases officers may decide there is a need to make an immediate visit.
Such investigations are appropriate, for example, when alarms are sounding continuously or for parties running late into the night where there is sleep disturbance.
Where officers are satisfied that noise amounts to a statutory nuisance, a formal abatement notice will be served.
The notice
will require the noise to be reduced to a level, which is not a statutory nuisance, within a reasonable time
dependant
on the circumstances of the case.
Failure to comply with the notice constitutes an offence and we may consider a prosecution in court.
In some cases although the noise may be severe it may be of such short duration that officers are unable to visit and witness problems at first hand.
In these cases and where the noise occurs frequently, it may be appropriate to use noise monitoring and recording equipment.
Alternatively in some cases where suitable evidence and statements can be taken from the police, other agencies or from a number of residents, it may be possible to start formal action by serving an abatement notice.
Digital audio noise recording
We have digital audio noise recording equipment that we can deploy in suitable cases, where it has not been possible to obtain first hand evidence.
The use of evidence from recording equipment is less suited to prosecutions, as it also relies on the person in whose property the equipment was installed in attending court as a witness and being able to undergo cross examination.
Any evidence obtained must be robust and stand up to challenge in court should that become necessary.
This is why first hand officer evidence is always preferred where possible.
Digital audio recordings can be a suitable alternative, but each case will need to be supported by a statement from the officer who installed the equipment that it had been correctly installed and calibrated.
Similarly it will
be important to have a supporting statement from the occupier of the property that they did not move or tamper with the equipment
in any way whilst it was at their
premises and that they only operated it to record noise from the offending property.
It is essential that complainants record the date and time at the beginning of each operation of the recording equipment.
Officers will need to undertake the task of analysing the results of the recordings after the equipment has been removed from the premises.
This could take the form of simply listening to the recording and noting the recorded noise levels, or may involve a more detailed computer analysis.
Once this has been completed the case officer will decide whether there is sufficient evidence to serve an abatement notice or to take a prosecution if a breach of an existing abatement notice has been witnessed.
Officers will inform the complainant of the results of their analysis and the reasons for their decision about whether legal action can be taken.
We do not generally make copies of such recordings available to the general public as a matter of course.
However
we would deal with any requests for information in accordance with the relevant legal framework in particular our responsibilities
under the Environmental Information
Regulations and the Data
Protection Act.
