England fans should be wary of noise problems tonight (Image: Getty)
England fans celebrating – or commiserating – after tonight’s vital World Cup semi-final clash with Argentina should be wary of noise rules which could land them a £110 fine.
While tonight’s game kicks off at the more sociable time of 8pm UK time, if the match goes all the way to extra time and penalties, it could be closer to 11pm before the match is wrapped up, once all the extra time is added on for each half too.
And whatever happens in the all-important Falklands/Hand of God grudge match tonight, there will no doubt be a noisy response in various homes up and down England and garden parties and barbecues for the big game, or just setting their TV at a blaring loud volume, especially if it’s late at night.
Due to the Noise Act of 1996, making too much noise after 11pm could land you with a £100 on-the-spot fine, or up to £1,000 if you’re prosecuted, although court is unlikely unless you already have a track record of offences.
Kate Fowler, senior associate solicitor at BRM told Platinum Spas: “With warmer weather comes more time spent in gardens, whether that means hosting a barbecue, watching the World Cup with friends or enjoying a few drinks in the sun.
“There is no general rule that prevents people from socialising in their gardens as they wish, whether that involves socialising with family and friends, watching sporting events or relaxing in a hot tub. However, issues can arise where noise, smoke or other anti-social behaviour begins to have an unreasonable impact on neighbours.”
“Local authorities have powers to investigate complaints about excessive noise where it amounts to a statutory nuisance. This can include loud music, persistent shouting and chanting, or televisions and radios played at unreasonable volumes. A statutory nuisance may arise where there is an unreasonable and substantial interference with a person’s use or enjoyment of their home, or where there is an actual or potential risk to health. If a council is satisfied that a statutory nuisance exists, it may serve an abatement notice requiring the behaviour to stop.
“Whether noise disturbance constitutes a legal nuisance will depend on the particular circumstances, including the volume, frequency, duration and the time of day. What may be considered acceptable during a sunny weekend afternoon could be viewed very differently late at night, or if it occurs repeatedly over a prolonged period.”
The Department for Environment, Food and Rural Affairs provides guidance on noise nuisance, with particular warnings issued if noise occurs after 11pm. And if England’s game goes all the way to extra time and penalties, it could be close to 11pm before the match finishes.
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The Department says that councils can investigate statutory noise complaints at any time, day or night, but they may issue warning notices for noise complaints between 11pm and 7am.
Councils can investigate complaints of statutory nuisance to tackle noise at any time, day or night.
It says: “These warning notices can be used by councils for noise that’s not a statutory nuisance. The warning notice must tell the recipient:
that the noise exceeds, or may exceed permitted levels as measured from within the complainant’s dwelling
that the noise must be reduced to below the permitted level in a specified period (this must be at least 10 minutes after the notice is served and must end by 7am)
what time the notice is issued
The guidance adds: If someone doesn’t comply with a warning notice without a reasonable excuse, councils can:
prosecute them if they don’t issue an FPN or if the person responsible doesn’t pay the fine on time (if convicted they can get a fine of up to £1,000 for dwellings and an unlimited amount for licensed premises)
remove noise-making equipment like loudspeakers”