Technical Notes 2023, Issue 49 - Recommencement of Antisocial Behaviour Domestic Night Noise Service

1. The purpose of this technical note is to update members on the intention to recommence the Council’s Antisocial Behaviour (ASB) Domestic Night Noise service as of Friday 14th April 2023.  The service has been suspended since March 2020 due to Covid-19. 

2. Part 5 of the Antisocial Behaviour etc. (Scotland) Act 2004 (“the Act”) contains provisions in relation to noise nuisance. In particular it gives local authorities additional powers to deal with noise nuisance and tackles the problems of night noise in dwellings. Local authorities have the power to apply noise control provisions and to investigate and enforce the legislation by way of warning notices, fixed penalty notices, seizing of equipment and ultimately prosecution where noise levels exceed permitted levels.  Officers from the Community Safety Team are responsible for enforcing this legislation within the East Dunbartonshire Council area.

3. The provisions of the Act, in relation to noise nuisance, are intended to complement the existing provisions for dealing with noise complaints, e.g., Civic Government (Scotland) Act 1982, Environmental Protection Act 1990, Control of Pollution Act 1974, civil actions and the use of mediation services. The offence is based on exceeding an objective measured sound level value ('the permitted level'). It has the advantage of not being subject to the same subjective uncertainties about judgements of nuisance which can prolong court proceedings for some noise offences. The availability of a fixed penalty system also assists in terms of providing a swift sanction in relevant cases.

4. Whilst the provisions of Part 5 of the Act give local authorities power to implement a noise nuisance service for up to 24 hours a day, 7 days a week, it is recognised that not all local authorities within Scotland will require the same level of service. Therefore, to ensure best value is maintained within each local authority, individual authorities must be able to determine, based on local needs, the level of service best suited to their needs. It is therefore intended that the night noise service will initially resume on the basis of operating on the Friday to Sunday of each week between 2000 hrs and 0400 hrs.

5. Key partners such as Police Scotland have been consulted in terms of service resumption to ensure that relevant noise calls and reports will be directed to Council’s ASB Domestic Night Noise service wherever required. Officers from the Community Safety Team have also been working in conjunction with colleagues from the Corporate Communications Team to prepare materials that will be used to publicise the resumption of the service over coming weeks.