Barnstaple man fined for breaching Community Protection Notice
17 November 2021
A man from Barnstaple has been fined for breaching a Community Protection Notice (CPN) following a successful prosecution by North Devon Council.
Alec Stevenson, 34, of 77 Greenmeadow Drive in Barnstaple was sentenced in his absence (on Tuesday 9 November) and was fined £200 plus a victim surcharge of £34 plus legal costs of £80.
Neighbours had complained about a noise nuisance and how it was adversely affecting their health. After the council's Environmental Health team had completed their investigation, Mr Stevenson was served with a CPN telling him to stop playing loud music.
When the terms of the notice were breached he was then issued with a Fixed Penalty Notice (FPN) of £100. When Mr Stevenson failed to pay the FPN, he was prosecuted by the council.
Head of Planning, Environmental Health and Housing at North Devon Council, Jeremy Mann says: “Noise nuisance can cause significant problem for those living nearby, it can unreasonably and substantially interfere with the use or enjoyment of a home, lead to health issues for those affected and will not be tolerated in North Devon.
"This prosecution makes it clear to everyone that we take this issue very seriously. We will continue to investigate reports of noise nuisance and take formal action against those who do not comply with the instructions to keep noise to an acceptable level.”
Failure to comply with a CPN without reasonable excuse is a criminal offence under Section 48 of the Anti-social Behaviour, Crime and Policing Act 2014, carrying a maximum penalty on conviction of a fine of up to £2,500 for individuals, or an unlimited fine in the case of a business or other body. Alternatively, the council can also issue fixed penalty notices of £100.
A noise nuisance can be investigated if it is having a detrimental effect on the quality of life of those in the locality, is unreasonable and the behaviour is of a persistent or continuing nature. Noise nuisances can be reported on the council's website or by phone 01271 388870.