Page 158 - 7. 2016 Last three months the 10 - 11 - 12 No Table

• Alarms: -
By way of example, loud music which occurs every other day for a few hours
after midnight is likely to be a nuisance, a cockerel crowing in an urban garden at
5am most summer mornings could be a nuisance and deliberate banging which
occurs solely to cause irritation could also be a nuisance.
If the noise and nuisance team need to gain entry to a property to carry out a
seizure of noise making equipment or for the silencing of an internal alarm, an
application will be made to the Magistrates Court for a warrant to do so.
461,
Where an internal alarm is sounding, and a breach of the notice has been
witnessed a warrant is required to gain access to the property in order to silence
the alarm and abate the nuisance.
Where it is intended that the noise and nuisance team will be undertaking a
seizure of noise making equipment from a property, it is likely that entry would
be refused if attending at the property without a warrant. Such action would then
make the occupiers aware of the intention to seize noise making equipment, with
the potential for items to be removed from the property before officers are able to
return with a warrant.
The officer should attend at the court number given or if not given a court
number go to the listings office to find the relevant court number. Once in court
the officer should present only the application and the 3 warrants to the court
clerk. The officer should have the abatement notice, OOH reports, witness
statements and any other relevant information in case they are requested by the
court. Proceedings will be as follows.
The officer will be sworn in and will then present the application.
• The magistrate will then ask any questions they feel are relevant.
• If the warrant is granted all 3 copies of the warrant will be signed.
• The noise and nuisance team keep the applicant’s copy.
• The occupier’s copy is left at the seizure/alarm address once the works have
been carried out.
The court’s copy is returned to the court after the seizure/alarm silencing has
taken place with the second page of the warrant completed.
Seizing Noise Equipment (Seizures): -
The Council’s principal power to seize noise equipment is contained in section
81(3) of the Environmental Protection Act 1990. The Act states: ‘Where an
abatement notice has not been complied with the local authority may, whether or
not they take proceedings for an offence under section 80(4), abate the nuisance
and do whatever may be necessary in execution of the notice’
Following a breach of an Abatement Notice the case officer will discuss with the
noise and nuisance team Supervisors/Managers as to whether it is appropriate to
send a PACE letter (refer to section 10.0) to the person on whom the notice was
served or a letter of intention to prosecute advising that legal proceedings are
being considered.
The applicant is now left with the understanding that the Antisocial Behaviour
Order (ASBO) application was created in the understanding that by pc Steve
Elsmore and other officers acting in such a manner of the claims listed within
this document and or by allowing other officers to use his id logging to gain such
wrongful and illegal convections they did do so upon oath to the legal services,
new Scotland yard London sw1h bog Reference number L/107087/sag and stated
that they was sure that the defendant was responsible for the acts to which