united-kingdom tax-law noise nuisance
London council not responding to calls for nuisance
<p>In this is case we are talking about a London borough.</p>
<p>There is a sandwich shop in my area which is supposed to be open until 01:00 most days. However, they keep it open with the doors open and tables outside. The music from the shop is really loud and their client are shouting. It is impossible to sleep usually until 3.30 in the morning. The law clearly says no loud music, shouting is allowed after 23.00</p>
<p>I have taken videos and recorded the noise. I then complained to the council. It has been nearly two months and I have not seen any progress on the matter. The phone numbers (main one for later than 17.00 and the mobile one for specific hours on Fri-Sat-Sun) do not respond. I usually get redirected to the voicemail.</p>
<p>What can I do to resolve this? I got suspicious that the shop owners know people from the council and they skip away from it. The owners seem very ironic so do their clients. They laugh at you if you go and complain. The council has not taken any action so far and their unit never came to investigate.</p>
<p>a) Can I claim a compensation? I am paying the council tax and I have not see any progress so far.
b) Can I leave the flat due to those circumstances? I will have to communicate to the agency and try to get my deposit back. I am not sure how that works as they will say (agency and landlord) that it is not their fault.
c) How can I take the issue further as the council started ignoring me?</p>

<p>You can take action against the shop directly under the tort of <a href="https://en.wikipedia.org/wiki/Nuisance_in_English_law" rel="noreferrer">nuisance</a>.</p>
<p>The available remedies are damages to compensate for interference with your property rights, and injunction to require the defendant to cease the activity which is causing the nuisance.</p>
<p>You could also bring a judicial review action against the council if they refuse to investigate the noise. <a href="https://www.legislation.gov.uk/ukpga/1990/43/section/164" rel="noreferrer">In England, Wales, and Scotland</a> this would be based on <a href="https://www.legislation.gov.uk/ukpga/1990/43/section/79" rel="noreferrer">Section 79(1)(g) of the Environmental Protection Act 1990</a> which defines &quot;noise emitted from premises so as to be prejudicial to health or a nuisance&quot; to be a &quot;statutory nuisance&quot;. Section 79 places an obligation on a local authority to &quot;<em>take such steps as are reasonably practicable to investigate</em>&quot; a complaint made by a person living within its area.</p>
<p><a href="https://www.legislation.gov.uk/ukpga/1990/43/section/80" rel="noreferrer">Section 80(1)</a> requires that &quot;where a local authority is satisfied that a statutory nuisance exists [it] shall service [an abatement notice]&quot;. Section section 80(4) provides that it is an offence to contravene an abatement notice.</p>
<p>Torts and judicial review are complex areas of law and you should seek legal advice if you intend to pursue either of these routes. The limitation period for judicial review is relatively short (3 months per <a href="https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part54#54.5" rel="noreferrer">CPR 54.5(1)</a>), so if you are seeking legal advice, you should do so quickly if you have already approached the council.</p>

<p><strong>How can I take the issue further..?</strong></p>
<p>You can make a complaint, free of charge, to the independent <a href="https://www.lgo.org.uk/how-to-complain" rel="noreferrer">Local Government &amp; Social Care Ombudsman</a>.</p>
