Nottingham City Council has successfully prosecuted two business owners
for noise nuisance at the Nottingham Magistrates Court on 14 April and 15 April 2008.
Complaints
were made against Mr Ashok Bharadwaj and Mrs Sushma Bharadwaj of 75 Arnold Road, Nottingham, regarding
a dog barking at the rear of their off licence / newsagents.
The
allegations were investigated by Nottingham City Council’s Noise and Pollution Control Team and following
observations made on 15 July 2007 and 1 August 2007, which confirmed the existence of a statutory noise
nuisance from dog barking at 75 Arnold Road, noise abatement notices were served against the owners
on 2 August 2007.
Despite the noise abatement notices
six contraventions of the notice were witnessed by five separate officers over the next 3 months.
In
view of the continuing problem, the Noise and Pollution Control Team prosecuted Mr and Mrs Bharadwaj
and they were found guilty on all counts.
They
were fined £500 each and Nottingham City Council was awarded £1843.88 costs from each defendant. Together
with a victim surcharge of £15, each defendant is liable to pay £2358.88 (total £4717.76). The
Court made a collection order which requires Mr and Mrs Bharadwaj to pay the fines & costs over
24 months & warned the defendants that they risked imprisonment if the fines were not paid.
Alison
Cresswell, Noise and Pollution Control Team, said: “Nottingham City Council seeks to resolve noise nuisance
problems informally, however where persistent problems occur and the perpetrators do not take heed of
warnings or comply with legal notices then we will take appropriate enforcement action to deal with
the problem.”