Penalty Notice
A statutory nuisance in terms of pollution can include emissions of smoke, fumes or gases, dust, steam and smell as well as noise. The nuisance must be coming from a premises and must materially affect the use or enjoyment of other surrounding premises.
Typical complaints are smoke and ash from garden bonfires, smoking chimneys, dust from building and demolition activity and cooking smells from restaurants. Legislation does not allow us to deal with complaints of smells arising from domestic premises.
We will investigate complaints to assess the situation and or ask the complainant to monitor the problem. If we find a statutory nuisance is being or is likely to be caused we will serve an Abatement Notice under the Environmental Protection Act 1990. It will require the person responsible, occupier or owner of the premises (as appropriate) to stop the nuisance. Failure to comply with an Abatement Notice is an offence and legal proceedings may result.
If found guilty of an offence of this type then the maximum fine is £5,000 on domestic premises and £20,000 on commercial premises.
Under the Noise Act 1996 (as amended by the Anti-social Behaviour Act 2003) a Fixed Penalty Notice (FPN) can be issued on a person who is found to be responsible for noise in excess of the permitted level between the hours of 11pm and 7am. Hackney Council has not yet started using these powers.
If you would like more information on odours/smells or other statutory nuisances contact us using the details on the right.
Page updated: 20 Oct 2010
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