Prosecutions

The owner had started turning up the volume at after-hours events, effectively turning the premises into a nightclub by pumping out loud music late into the night.

Environmental Health Officers (EHO) visited the home of one of the complainants at 1am on 18 April 2009.

One of the EHOs said: ‘I could hear the words of the songs and it felt as if I was in a nightclub, because of the sheer thud of the bass coming through the party wall, such that you would not be able to undertake normal activities such as sleeping and watching television.’

The restaurant owner was served with a noise abatement notice four days later and was also provided with a list of acoustic consultants. However, on 24 April 2009 the EHOs were again witnesses to a noise nuisance that was in ‘clear breach’ of the notice. The owner was subsequently sent a warning letter requesting him to take immediate action.

A further two breaches of the notice were witnessed on 15 May 2009 and 13 June 2009.

At Staines magistrates’ court on 15 October the restaurant owner admitted to breaking the conditions of the notice on three occasions and was fined £3,000, £5,000 and £7,000 respectively. He was ordered to pay legal costs of £5,000 and a £15 victim surcharge.