All landlords need to be aware of their obligations under laws governing noise and their responsibilities to neighbours. Local councils have a duty to deal with statutory nuisances, however this does not mean they always make the correct decisions.
In a recent case we successfully appealed against a Noise Abatement Order that had been served on our client who was the Licensee of a local public house. Our client had been served with the Noise Abatement Order by the Local Authority for allegedly carrying on activity contrary to the Licensing Act 2003. They then came to Wrigley Claydon for advice and we considered the allegations.
After taking a look at the facts surrounding the case, we advised our client that based on the evidence we had seen there were grounds to appeal the Noise Abatement Order and our client asked us to proceed.
We arranged for the drafting and filing of the Appeal Notice at the local Magistrates’ Court and following that, the Appeal Notice persuaded the Local Authority that there was no basis for their Noise Abatement Order and they subsequently withdrew the Order.
As we felt the Order was not justified we also successfully argued at Court that the Local Authority should pay our client’s costs. It is worth noting that had the Appeal not succeeded then this could have had a devastating effect on our client’s profits and livelihood so it is always worth taking advice if you feel you have been unjustly served an Order.
If you would like to talk to one our team about a legal issue concerning your business then please call 0161 785 3534.
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