A noise abatement notice served on Timothy David O’Brian regarding a noise nuisance from Oliver’s Nightclub, Huntingdon was upheld at Peterborough Magistrate’s Court on Wednesday 14 November 2007.

Huntingdonshire District Council received a complaint about loud bass beat audible in bedrooms in December 2005 and conducted an investigation during the early part of 2006.  When the council became satisfied that the noise amounted to a statutory nuisance Mr O’Brian was approached to negotiate a resolution to the problem.  When, after three months of negotiation, the noise nuisance was still occurring the council were obliged to serve the abatement notice which required the night club to comply with fixed noise limits.

Mr O’Brian subsequently exercised his right of appeal against the abatement notice on seven different grounds including that the notice was unjustified and that the noise limit was unnecessary.

The appeal was heard by District Judge Kenneth Sheraton in the Peterborough and Huntingdon Magistrate’s Court on the 30 October and the 1 and 2 of November 2007.  After hearing all the evidence Judge Sheraton reserved judgement until the 14 November when he dismissed the appeal, upholding the notice in full.  He awarded full costs of £36,000 to Huntingdonshire District Council.

Head of Environmental and Community Health Services Dr Sue Lammin said; “The council strive to work with businesses in a constructive manner and to negotiate informal resolutions wherever possible.  It was unfortunate, in this instance that we were left with no option other than to serve the abatement notice.  In the judge’s decision it is clearly acknowledged that the council acted reasonably and correctly throughout the investigation and the enforcement procedure that followed.”