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Permit’s for a person(s) to take civil proceedings in respect of any on goings of
harassment. This includes “apprehended” harassment as well as actual
harassment.
In such civil proceedings the applicant can or should seek a “non-harassment”
order, and/or damages.
Section 3(2) of the Harassment Act provides for damages to be available for
(among other things) ‘any anxiety caused by the harassment and any financial
loss resulting from the harassment’.
Section 3(3) makes the breach of a non-harassment order a criminal offence,
punishable in the magistrates’ court with up to 6 months' imprisonment, and/or a
£5000 fine, or in the crown court with up to 5 years' imprisonment and an
unlimited fine.
Noise Abetment Notice Section 80: -
The Councils Environmental Protection Team (EPT) are there to investigate
complaints about noise made from certain commercial and licensed premises and
events within the Councils boroughs, such as some of the following
• Noise from factories: -
• Industrial units: -
• Construction sites: -
• Shops: -
• Pubs: -
• Clubs: -
• Restaurants and takeaways: -
• Noise from residential student blocks/halls of residence, would generally be
referred to the university who own the property: -
• Low level/minor noise problems and/or a one off/isolated report suggesting
there is not a persistent problem emanating from Housing or social landlord
providers property may be referred to Housing or the appropriate landlord for
investigation as a possible tenancy breach.
This includes noise from businesses carrying out construction work on domestic
property i.e. Noise from businesses carrying out sandblasting on a domestic
property.
Where a reporting person(s) or victim submits a noise report for the first time, the
noise and nuisance team will endeavour to contact them to acknowledge their
report and provide advice to prevent further nuisance. A noise information pack
will be sent to them together with a noise nuisance diary. If consent has been
provided by the reporting person or victim a letter will be sent to the accused to
advise them an allegation has been received. Highlighting to the accused, a
problem they may not have been aware they were causing, may be sufficient to
resolve the issue at an early stage.
The noise report will be logged as an enquiry within the services customer
relations management system (Siebel) if not already done so, updated and closed
until either the noise diary is returned, or further reports/evidence are received.
Copies of any correspondence sent/received will be uploaded on to the enquiry.
Where noise has been witnessed and deemed unreasonable by an Out of Hours
team response officer, for the first time, the noise and nuisance team will
endeavour to contact the reporting person or victim to discuss the issue and offer
advice. (If not previously provided) and consent sought to send a warning letter
to the occupier/s at the address where the noise was witnessed.