Noise Act 1996: Implementation (Hansard, 14 November 1996)

The Minister of State, Department of the Environment (Earl Ferrers)
My Lords, it is up to local authorities to determine how best to implement the Noise Act in their area.

The Viscount of Falkland
My Lords, I thank the Minister for his Answer. However, is he aware that a number of local authorities have stated quite openly that they are not in a position to implement the legislation? Will he agree that that is little comfort to old people in particular who are subject to loud noise from unco-operative neighbours? Noise is in fact an environmental hazard at least as bad, if not worse, than the fumes from a bus or, indeed, other kinds of pollution. Is the noble Earl aware that the failure by local authorities to meet the requirements of the legislation could result, among other things, in serious damage to the health of elderly people?

Earl Ferrers
My Lords, I have a great deal of sympathy for the remarks made by the noble Viscount. Loud noise can be very offensive, not only to old people but also to younger people, especially if it is of the "thump-thump" variety which can go on during the night. The noble Viscount said that local authorities were not in a position to fulfil the requirements of the Act. I believe that that is the case with practically all local authorities.
The legislation falls into two parts. The first deals with a new night offence while the other clarifies the law on confiscating noise-making equipment. The new night offence was open to consultation which began on 23rd September. That consultation relates to the noise level which the Secretary of State should set, the type of devices which should measure noise and the type of draft circular to be issued to local authorities. We have now received the response to that consultation and are 1029 considering it. We shall soon be able to issue a draft circular to local authorities on the basis of which they will be able to take action.

§ Baroness Nicol
My Lords, has the Minister noticed that, since the introduction of CCT in your Lordships' House, the noise level in some of the corridors has risen beyond that which most of us feel to be acceptable? Is that the province of Westminster City Council or is it a matter for your Lordships' House to determine?

Earl Ferrers
My Lords, I am sure that it is a matter for your Lordships' House. If the noise level has risen in the corridors of the House, I think it is quite likely, based on my experience, that it has also risen in the Chamber, especially when some noble Lords make provocative speeches.

§ Lord McNally
My Lords, although my noble friend rightly talked about noise affecting the elderly, is the Minister aware that a noisy neighbour can be a neighbour from hell for families of any age? Will the Minister applaud those local authorities which have used the new legislation to end tenancies for persistent noise offenders? A noise offender on a housing estate can bring down the quality of life for all the people living there.

Earl Ferrers
My Lords, the noble Lord is perfectly correct. Noisy neighbours can be deeply offensive. It is right that some local authorities should take the steps they can to remove noisy neighbours in order to enable other people to live reasonable lives. I cannot help but be reminded of the little jingle that says, "A noisy noise annoys a noisy oyster"; indeed, I think that it also annoys a noisy next-door neighbour too.

§ Lord Merrivale
My Lords, can my noble friend the Minister say whether he is satisfied with the evaluation carried out by certain local authorities regarding the level of noise emitted by certain equipment in some areas? I give your Lordships one example. Kensington and Chelsea Council seems rather lax in its evaluation of noise emitted by equipment in that area.

Earl Ferrers
My Lords, I am not too familiar with the study to which my noble friend refers. The Noise Act only relates to noise emitted between the hours of 11 o'clock at night and 7 o'clock in the morning. I rather doubt whether the employees of Kensington and Chelsea Council operate at that time. Of course, if they do, no doubt the local authority will take such measures as are appropriate.

§ Lord Williams of Elvel
My Lords, assuming that the consultation goes forward and we get the proper response from the Government, can the noble Earl say what powers local authorities will have to ask the police to investigate noise? It seems to me that one of the problems is that, at present, the police have very few powers. That is one of the reasons why the Noise Act was passed. Will local authorities be able to call upon the police immediately? Will the environmental officer 1030 in the local authority be able to contact the local police station and ask the police to move in? And will such incidents constitute a criminal offence?

Earl Ferrers
My Lords, it will be up to the environmental health officer concerned to take the necessary proceedings against the people who are emitting the noise. He can call upon the police for support. They will be able to give him the support he requires provided that it falls within their priorities. However, if there have been three murders next door, it is much more likely that the police will be employed in that respect rather than chasing the noise makers. Nevertheless, as I said, provided there is sufficient reason for the police to be able to support the environmental officer, they will be able to do so. But it is not really a matter for the police.

§ Lord Williams of Elvel
My Lords, following on from that, if the police are investigating three murders on their doorstep and there is a noise incident, can the noble Earl say what action the local authority environmental health officer can take other than simply walking around to the place himself?

Earl Ferrers
My Lords, that is exactly what he would do. Indeed, the environmental health officer would walk round to the place, go to the people concerned and say, "You are making a noise". He will go there with his decibel counter and assess whether or not they are emitting 35 decibels. I see that the noble Lord, Lord Williams, finds that extremely funny, but if an environmental health officer visited his house when he was having some people to dinner and that officer did not bring a decibel counter, I dare say the noble Lord might feel very upset if told to remove half of those people because they were making too much noise. It is up to the environmental health officer to determine whether or not the noise being emitted by the people concerned is above the level. If it is, then the officer can impose a fine, a fixed penalty of £100, or he can take the people to court where a maximum penalty, at level 3, of £1,000 could be imposed.

§ Lord Williams of Elvel
My Lords, I can assure the noble Earl that my dinner party guests are of the quietest variety and would not trouble the environmental health officer—unlike the noble Earl's dinner party guests who, judging by the baying of some noble Lords opposite, could be of a rather noisy variety. However, is not the difficulty the fact that the environmental health officer really does not have the support of the police? Indeed, the police may have other priorities. If he does not have such support there is very little he can do about night-time noise.

Earl Ferrers
My Lords, the noble Lord prides himself that his dinner party guests make no noise at all. That shows the style of his dinner parties. I shall know what to do if the noble Lord ever asks me to dinner. Not all noise is emitted by loud hi-fis. Sometimes people use sanders and do-it-yourself kits 1031 in the middle of the night. It is surprising what people do. In that situation it is perfectly all right for an environmental health officer to call on that person to ask him to stop using the sander. The person will invite the officer in, apologise and agree to stop using the sander. However, if it is a case of hi-fi music, a loud thumping noise and the presence of lots of people, that is different.

§ Lord Merrivale
My Lords, at what distance from the noisy equipment does the counter have to be put for it to be determined there is a disturbance to people in that area?

Earl Ferrers
My Lords, the person who complains of the noise will invite the environmental health officer into his room and it will be determined whether or not the noise in the room concerned is at a level of 35 decibels or more. It would have to be more than 10 decibels above the underlying noise over an average period of five minutes. The next question my noble friend will ask is: what is 35 decibels? The Building Research Establishment states that it is the level which is experienced in 90 per cent. of single-glazed bedrooms which are in the front elevation on a busy suburban street. Your Lordships who have houses which fall into that category will know exactly what 35 decibels is.