Cyclone Posted August 26, 2015 Share Posted August 26, 2015 (edited) So are you claiming that it's not against the law to make noise all night? You refuse to actually answer this simple question. For reference, I never said that anything could be done if the source of the noise couldn't be found, but the inability to find a criminal doesn't alter the fact that the behaviour is illegal. Edited August 26, 2015 by Cyclone Link to comment Share on other sites More sharing options...
Eric Arthur Posted August 26, 2015 Share Posted August 26, 2015 (edited) I'm not claiming anything. I think I said that clearly earlier. You're just living in a fantasy if you think that laws are going to stop parties up on the moors. What law is going to help you? You haven't been able to put together a coherent argument yet but I've given you some help and I'm happy to wait if you've got a good answer. Edited August 26, 2015 by Eric Arthur Link to comment Share on other sites More sharing options...
Cyclone Posted August 26, 2015 Share Posted August 26, 2015 If it was outdoors then this applies Loudspeaker noise The use of loudspeakers in the street for advertising any entertainment, trade or business is prohibited (except if the loudspeaker is on a vehicle selling perishable food between noon and 7pm and is operated in a way that does not give reasonable cause for annoyance, or if the council has given its consent to do so), but loudspeakers can be used for other purposes between 8am and 9pm. Councils can prosecute any unlawful use of loudspeakers, without issuing an abatement notice first, and users can be fined up to £5,000, plus a further fine of up to £50 for each day on which the offence continues after conviction. Essential services such as the police, ambulance services and fire brigade are exempt from loudspeaker restrictions. Link to comment Share on other sites More sharing options...
Eric Arthur Posted August 26, 2015 Share Posted August 26, 2015 Not even close. Try reading things before you cut and paste them off the internet. Link to comment Share on other sites More sharing options...
Cyclone Posted August 26, 2015 Share Posted August 26, 2015 I'm not claiming anything. I think I said that clearly earlier. No, you just keep dodging the question. Do you think it's legal to play loud music through the night? You're just living in a fantasy if you think that laws are going to stop parties up on the moors. The moors of Attercliffe is it? What law is going to help you? You haven't been able to put together a coherent argument yet but I've given you some help and I'm happy to wait if you've got a good answer. That has been answered, the EPA 1990. Since I said it was illegal behaviour you've kept asking what law, you refuse to say though why you keep asking this (despite it being answered). You are obviously implying that it's not illegal, but you don't have the balls to say that. ---------- Post added 26-08-2015 at 10:05 ---------- Not even close. Try reading things before you cut and paste them off the internet. Just come out and say what you mean, stop dancing around it. Do you think it is, or is not, illegal to play loud music all night and disturb hundreds of people? Link to comment Share on other sites More sharing options...
Eric Arthur Posted August 26, 2015 Share Posted August 26, 2015 There isn't a question to dodge because it's not illegal to play loud music through the night. Do you think it is? Is that your best debating hammer blow, to invent a law and hope no-one notices? A nuisance is illegal. A nuisance has to be proven. Then a section 80 notice can be issued. How are you going to do that? What law Cyclone? What law? Keep trying / floundering but you need to read your cut and paste first because you are wasting everyone's time when you don't. Link to comment Share on other sites More sharing options...
Cyclone Posted August 26, 2015 Share Posted August 26, 2015 Right, you've come out and said it. it's not illegal to play loud music through the night. It's taken you a long time to actually say that hasn't it. So you're defence of this behaviour is that a nuisance has to be proven... Link to comment Share on other sites More sharing options...
Eric Arthur Posted August 26, 2015 Share Posted August 26, 2015 What the devil are you on about? It was YOU that insisted that a law had been broken. I just asked you which law. You haven't been able to. Why is it okay to keep half the city awake for one night? It's breaking the law, and it's anti social towards a large number of people... How or why should that ever be considered okay? Have another go if you like. What law Cyclone? Link to comment Share on other sites More sharing options...
Cyclone Posted August 26, 2015 Share Posted August 26, 2015 Details available here. http://www.environmentlaw.org.uk/rte.asp?id=76 Are you seriously questioning that there is a law that stops excessive noise being made, particularly at night? This was my first answer to your "which law?" question btw. This says. When does noise become a nuisance? English private law defines a nuisance as "an unlawful interference with a person's use or enjoyment of land or of some right over, or in connection, with it." The process of determining what level of noise constitutes a nuisance can be quite subjective. For instance, the level of noise, its length and timing may be taken into consideration in ascertaining whether a nuisance has actually occurred. What is a statutory nuisance? Local authorities have a duty to deal with statutory nuisances under the Environmental Protection Act 1990. For noise to amount to a statutory nuisance, it must be "prejudicial to health or a nuisance" - see section 79(1)(g) and (ga) of the 1990 Act. Guidance issued in Scotland to accompany the Public Health (Scotland) Act 2008 gives a comprehensive account of the relevant background and case-law. Quite clearly mentioning the EPA1990. So if the council had measured the noise, they would have concluded that it was a nuisance (that was quite obvious really), and they could have then served the required notice. The law could be improved to make it more obvious that music disturbing half a city is unacceptable and illegal. Link to comment Share on other sites More sharing options...
Eric Arthur Posted August 26, 2015 Share Posted August 26, 2015 Ohhhhh, so now your "law" isn't quite up to scratch you are falling back on your own "rules" instead. If What Maybe Could have Should have But still didn't. Leave it to the professionals because I think your flush is busted here Cyclone Link to comment Share on other sites More sharing options...
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