Noise pollution - Print version

Noise nuisance

Too much noise can be very distressing and affect people's quality of life. Our officers respond to and investigate complaints of noise nuisance at domestic and commercial premises.

We can investigate the following types of noise nuisance:

• Loud music and TV
• Raised voices
• Noise from pubs and clubs
• Noise from demolition or construction works
• Burglar alarms and car alarms
• DIY at unreasonable hours
• Loudspeakers on vehicles in the street
• Noise from commercial or industrial premises
• Animals such as barking dogs, cockerels

We cannot take action against normal traffic and aircraft noise, children playing, noise from anti-social behaviour in the street and noise from normal domestic activities.

How to make a complaint

You can make a complaint about noise online by completing the noise pollution reporting form [/reportnoise].

Alternatively to make a complaint about noise please contact us:

• Daytime: 9am - 6pm 08085 834333
• Evening: 6pm - 3am 024 7683 2222
• Weekend: 9am - 3am- 024 7683 2222

Noise occurring between 3am to 9am, which is outside of our monitoring service hours can still be logged via the online reporting form, by telephoning 024 7683 2222 or email domestic.noise@coventry.gov.uk [mailto:domestic.noise@coventry.gov.uk].

We will need your name, address, telephone number and the address of the premises that you are complaining about. Your details are kept confidential. Please note we can't accept anonymous complaints.

What we will do

We will try to resolve your complaint informally by contacting the person making the noise and giving them advice. You should also begin keeping a diary sheet [https://www.coventry.gov.uk/downloads/download/585/noise_nuisance] which can be downloaded on this page.

If the problem continues our officers will need to visit your property to hear the noise for themselves, so it is important that you contact our monitoring service whilst the noise is happening. The officer will look at a number of issues, including the time of day; the nature of the area; the volume, length and frequency of the noise and the activity that is causing the noise.

Formal action is only possible where our officers witness noise that they think is a statutory nuisance. Just because noise can be heard and is annoying does not mean that it is a statutory nuisance. To be a statutory nuisance the noise must be causing serious disruption to your everyday activities, such as watching television or sleeping. We must also prove that the noise happens regularly, for this reason, one-off events are unlikely to be a statutory nuisance.

When we witness a noise nuisance we will first issue the person responsible a warning letter. If the noise continues and our officers witness a statutory nuisance again, generally within four weeks of the first nuisance, then we will serve the offender with a noise abatement notice which means they have to stop making the noise or they will be breaking the law. If the nuisance continues and it is witnessed by our officers, we will prosecute and you might have to give evidence in court.

Investigating noise nuisance can be a long and frustrating process taking several months but we will try to resolve your complaint and advise you of the next step and what you need to do.

Where a noise is not enough to be a statutory nuisance you will be told of our decision and that no further action is possible and we will tell you what other action you can take.

For further information please see our noise advice factsheet [https://www.coventry.gov.uk/downloads/download/585/noise_nuisance].

Burglar alarms

Noise from faulty burglar alarms can cause severe noise disturbance, especially if they go off at night.

There are some simple steps you should take if you have an audible intruder alarm installed:

• Make sure your alarm is properly serviced to reduce the possibility of any faults.
• Check with the installer that a 20 minute cut out has been fitted - this is an important measure that stops the alarm sounding after 20 minutes and can reduce serious disturbance to your neighbours.
• Make sure keyholder details are registered with the Council's Environmental Health Service so that someone can be contacted quickly if complaints are received.

When we receive a complaint about an intruder alarm we will visit to see if the noise is causing a statutory nuisance. We will also check our keyholder records and where possible arrange for the alarm to be silenced.

If we do not hold any keyholder details, we are unable to contact them and we do not know when they are returning home, we will serve a noise abatement notice on them telling them to silence the alarm. We must allow a reasonable time for the alarm to be deactivated. If they do not take any action, we will try to get a warrant to have the alarm disconnected and enter the premises by force if necessary. All costs involved will be recovered from the homeowner.

To complain about a burglar alarm please contact us.

Register keyholder details

• online keyholder registration form [/keyholderdetails]
• download and print a keyholder details form [/downloads/download/593/burglar_alarms]

Construction sites

The authority monitors construction activities to minimise pollution caused by noise, dust and other nuisances.

Construction sites are often near people's homes. Construction or demolition activities will, by nature, generate noise, dust or vibration.

What can you do?

Speak to the construction company and raise your concerns with them. They may be able to tell you when the work will be finished, or take steps to reduce any nuisance.

What is the legal position?

Companies must take reasonable steps to control any nuisance, depending on the technology available and the costs involved. This is called using the best practicable means (BPM). This may include:

• limiting hours of operation
• using quieter pieces of machinery
• using water to damp down dust

The law recognises that construction must take place and by nature may cause local problems, so the Council has limited powers to help.

What we do?

Environmental Protection staff can speak to the company carrying out the works and give advice on controlling their impact on the community.

We do not have legal powers to stop construction taking place if the company is taking reasonable steps or BPM  to minimise its impact.

The Council gives guidelines for minimising the impact of construction noise. Where possible, noisy activities should be restricted to 7am - 7pm Monday to Friday 8am - 1pm on Saturdays, and no noisy activities should be carried out on Sundays or bank holidays.

For long term, or large demolition or construction projects, companies may apply to the Council for a prior consent which will include noise controls. This is not compulsory. If the company fails to comply with these controls the Council can take legal action.

Can the Council help if I am concerned about property damage?

No - the Council can only help where the activity is causing a statutory nuisance to you. For example, because of the noise or dust.

If you are concerned about property damage, for example, vibration causing cracks in the ceiling, speak to the company directly first. Or contact a solicitor to give advice on taking action for a private claim and possible compensation.

I work nights and the noise is stopping me sleeping. Can the Council stop the construction work?

No - the Council can only ask the company to work during reasonable daytime hours. Again speak to the company directly to see if they can help you.

Further information

If you need further advice please see our leaflet 'Guidance on Controlling Pollution from Construction and Demolition Sites [/downloads/download/606/construction_sites_advice]'. This leaflet contains information on how we deal with complaints and detailed advice for developers on minimising pollution.

Scrap metal vans

If you have details of any scrap metal vans causing a noise issue please contact us. It is an offence to use a loudspeaker in the street to advertise trade or business.

Scrap metal dealers are difficult for us to deal with as they generally have no set routes and times. Residents can help as long as they supply us with the right details.

If you are willing to supply us with a signed, witness statement containing all the information we need, we can then apply to the DVLA for vehicle keeper details. The statement should include the vehicle registration number, description of the vehicle, where it was seen, date and time. The witness statement may be used if the case goes to court.

Once we receive the signed witness statement we apply to DVLA for keeper details. Due to DVLA rules, we cannot trace a vehicle unless the resident can supply a witness statement. If no keeper is registered we can take no action apart from passing details to the police. A separate statement must be given for each vehicle.

All scrap metal dealers must be registered with the Council. Our scrap metal site licensing pages has more information [/info/22/business_and_markets_licensing/639/licence_-_scrap_metal_dealers].

A blank witness statement can be downloaded [http://www.coventry.gov.uk/downloads/file/24604/scrap_van_reporting_form].

Pubs/clubs

Noise control procedures

All pubs and clubs should have noise control procedures in place to reduce noise from their premises. These may be set out as conditions on the alcohol and entertainment licence. It is important that all staff know how important it is to keep to these controls at all times.

Noise control procedures may include:

• Keeping doors and windows closed when music is playing indoors.
• Locating the band/speakers away from any doors/windows and as far away as possible from any neighbouring residents.
• Keeping the volume of music at a reasonable level that will not disturb residents.
• Considering how noise from the use of smoking shelters/gardens and from customers entering and leaving may affect neighbouring residents and taking measures to control this.
• Avoiding deliveries or emptying of bins in the early morning or late evening.
• Considering installing a Noise Limiting Device. Depending upon the type of device installed, a maximum noise level can be set where the noise cannot be increased or when power is temporarily cut to the amplifiers if the noise gets too loud.

A responsible member of staff should keep a regular check on noise from premises. Some suggestions for correct noise assessment include:

• Regular assessments should be carried out throughout the night, including when any entertainment first starts to check it is at a suitable level;
• The assessor should allow a few minutes for their ears to adjust when outside the establishment;
• The assessor should assess noise levels near the closest residential properties;
• If the noise level is too loud, the volume should be reduced to a level that is reasonable and will not cause a nuisance to nearby residents. The assessor should then go outside and check again until they are happy no nuisance is being caused.

Legislative controls

Environmental Protection Act 1990

The Council must investigate any complaints of a statutory nuisance and take legal action when a nuisance is found by serving an Abatement Notice on the person responsible. If the nuisance continues the person responsible for the nuisance is guilty of an offence and may be prosecuted and fined up to £20,000.

Licensing Act 2003

Licensed premises must try and prevent any public nuisance. Every business must check whether a noise nuisance could be caused and have a plan in place that can be inspected by the Environmental Health Service to see if it is doing enough.

Bird scarers

The use of bird scarers is legal and essential for farmers to help protect certain crops, such as oilseed rape and fruit and field vegetables. However, farmers and landowners using bird scarers must make sure they are not causing a statutory nuisance to others and that the scarer is used in line with the Code of Practice produced by the National Farmers Union (NFU).

Advice for the use of bird scarers:

• Only use them where justified.
• They should not sound more than four times per hour.
• They should not be used before sunrise or after sunset (this doesn't mean that scarers used after sunrise in the summer are automatically acceptable)
• They should be positioned carefully to make sure that they are not pointing towards, or too close to, nearby homes.
• They should be properly maintained and checked regularly to detect any faults that could cause complaints.
• Use reflective or absorbent baffles (corrugated iron or straw bales) to concentrate the sound onto a field and away from neighbours wherever nuisance could be caused.
• Position scarers so that they are pointing downwind (where the nuisance is not a problem) - even a slight wind can affect the distance sound travels - and take particular care with devices that swivel with the wind.

Ice cream vans

Ice cream vans are permitted to use chimes to advertise their trade provided that they do not give reasonable cause for annoyance to persons in the vicinity. There is a code of practice which provides guidance on minimising the noise from ice cream van chimes. The main points of this are:

• It is an offence for ice cream vans to sound their chimes before 12noon or after 7pm
• They should not sound their chimes for more than 12 seconds at a time
• They should not sound their chimes more often than once every 2 minutes
• They should not sound their chimes when within 50 metres of a school (during school hours), hospitals and places of worship (on Sundays and other recognised days of worship)
• More often than once every two hours in the same length of street

If you are experiencing noise nuisance from an ice cream van that is not adhering to the above guidelines please report this using our noise pollution reporting form [/reportnoise]. Please ensure that you report the registration number of the vehicle.