COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, September 23, 2014

MOTION NO. 5

MOTION: Councillor G. O'Connell

"That a discussion take place on the playing of loud music in the car park of public houses that are located in or in proximity to residential areas within this LA with a view to establishing the laws in this regard and the options open to both local communities and this Council to control such practices."

REPORT:

The issue of noise nuisance is reasonably straightforward. The Environmental Protection Agency Act 1992 describes noise nuisance as follows; 

Section 108.—(1) Where any noise which is so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance to a person in any premises in the neighbourhood or to a person lawfully using any public place, a local authority, the Agency or any such person may complain to the District Court and the Court may order the person or body making, causing or responsible for the noise to take the measures necessary to reduce the noise to a specified level or to take specified measures for the prevention or limitation of the noise and the person or body concerned shall comply with such order.

The EHOs take receipt of complaints of noise from public houses on a regular basis. Typically the nuisance noise is coming from within the premises, however there have been occasions when there have been marquees erected within the grounds of a restaurant, hotel or public house which resulted in disturbance for local residents. There have been occasions where bands have played within car park grounds and thus created a noise nuisance. If car parks are unmonitored or unsecured, there have been incidences where use of the car park by the public has resulted in noise nuisance. All these incidences come within the remit of noise nuisance and can be dealt with by the EHOs. Where the car park is being used outside normal working hours by members of the public who create a noise nuisance, the Gardai have assisted in resolving such noise problems with the permission and assistance of the proprietors. Gardai also have a role in ensuring that alcohol is only sold within areas designated as part of the licensed premises. 

For enforcement action, the EHOs need specific incidents, times, dates and locations. Residents may be asked to submit noise logs to establish the extent of a noise problem. The EHOs will carry out noise monitoring where it is necessary. Proprietors or occupiers of premises causing a noise nuisance are normally given a verbal warning, followed by a written warning and then an Abatement Notice is served by the Council if the noise nuisance has not abated.

An Abatement Notice shall; 

a)     specify the measures which appear to the local authority or the Agency, as the case may be, to be necessary in order to prevent or limit the noise

b)     direct the person on whom the notice is served to take such measures as may be specified in the notice to prevent or limit the noise, and

c)      specify a period, which the local authority or the Agency, as the case may be, considers reasonable in all the circumstances of the case, within which such measures are to be taken.

 Most commercial enterprises do not wish to upset their neighbours and in general a verbal warning will suffice. However the EHOs will enforce the legislation to protect the right of residents to enjoy the use of their property.