house partys

faceoff2k9

what laws can the gardai enforce at a house party to stop the party from continuing ?

GerardKeating

faceoff2k9 wrote: »

what laws can the gardai enforce at a house party to stop the party from continuing ?

Depends on what is happening at the party and how hard they want to stop it.

If appropriate, there is "disturbing the peace". Most likely a few at the party will be parking illegally.

MagicSean

faceoff2k9 wrote: »

what laws can the gardai enforce at a house party to stop the party from continuing ?

They have no powers to stop a house party. It's an area of law that could do with a bit of reform. If it's an ongoing problem then there are civil remedies.

Tom Young

k_mac wrote: »

They have no powers to stop a house party. It's an area of law that could do with a bit of reform. If it's an ongoing problem then there are civil remedies.

That would be the Constitution .... Small enough area in need of reform alright ...

MagicSean

Tom Young wrote: »

That would be the Constitution .... Small enough area in need of reform alright ...

The constitution allows for a breach of rights in accordance with the law. So if legislation was passed it would not breach the constitution.

It would most likely be challenged but in the end I think it would boil down to one persons right to enjoy their home against anothers. In general you can only assert your rights if they dont interfere with anothers. If you are having a party that is so loud you drive someone out of their house you would surely be asserting your right over theirs.

faceoff2k9

thanks guys the reason why i ask is my friend is being bullied by his neighbour....... anytime he has someone over for a drink after the pub this neighbour is ringing the guards saying music is too loud the house is full of people banging and shouting is carrying on but really a bit of loud talking maybe but thats it.... its turning into harassment by the guards as well as the neighbour .but my friend has the house nearly sold so were plannin a huge party for the sendin off thats why i wanna know what the gardai are goin to do

Corkfeen

faceoff2k9 wrote: »

thanks guys the reason why i ask is my friend is being bullied by his neighbour....... anytime he has someone over for a drink after the pub this neighbour is ringing the guards saying music is too loud the house is full of people banging and shouting is carrying on but really a bit of loud talking maybe but thats it.... its turning into harassment by the guards as well as the neighbour .but my friend has the house nearly sold so were plannin a huge party for the sendin off thats why i wanna know what the gardai are goin to do

Simple solution; inform the neighbours that there will be a party but after it he will pretty much be rid of him as the house will be sold, never to be seen again.:D

Locust

faceoff2k9 wrote: »

.... its turning into harassment by the guards as well as the neighbour .but my friend has the house nearly sold so were plannin a huge party for the sendin off thats why i wanna know what the gardai are goin to do

So... your planning the mother of all loud parties to get back at your neighbour one last time before you leave is that correct?
And your expecting the Gardai to come a knockin' and want to know what powers they have/can do? Is that right?

It sounds a bit immature and inconsiderate, even for other neighbours with small kids and work the next day etc... theres nothing worse that to be repeatedly woken by drunken laughter and shouting... and the guards have a heck of a lot of better things to be doing.
I would also be careful at provoking things with the guards and your neighbours even though your leaving. I've seen angry neighbours be told by the gardai there is little they can do and some types of people can only take so much before they take the law into thier own hands and do some crazy/dangerous things over noisy parties with dire consequences...

I believe the local council can also take action against you on complaints... under civil law i.e. noise pollution summonses...
To answer the original post Gardai can help enforce breaches of - Section 108 of the Environmental Protection Agency Act 1992 and the Environmental Protection Agency Act (Noise) Regulations 1992.
If convicted the maximum penalty is up to €3000 or 12 months in prison or both. (i've never heard of anyone getting a 12 month prison sentence over this though!)

MagicSean

So it is your friend that is having the parties? If his mega party causes a confrontation with his neighbour he may be guilty of the offence of breach of the peace and liable to arrest. Also if the prospective buyers find out about the incident they may be inclined to pull out. Your friend is better off leaving things as is rather than provocing more incidents.

Have his going away party in a pub and tell him not to buy a house near me.

nuac

I agree fully with Locust here.

Poster seems to have a habit of bringing people home from the pub and putting on music etc. That would be after midnight into the small hours of the morning.

Unless your neighbours are also party people who dont have young children and don't have work in the morning, you are behaving without consideration.

Your neighbour might go to the Circuit COurt and get an injunction against you for nuisance. Circuit court judges take a poor view of this kind of inconsiderate behaviour.

If the house is in an estate you should also check your deeds for relevant covenants.

nuac

Further advice

If you are having a party and a Garda calls about say 2 a.m. and asks you to turn down the music or noise, you say "Yes Garda" and you do what you are asked to do.


Asking the Garda for their legal authority is not the way to go. The Garda unit will have started their shift about 10 pm and will be working through a busy night. They do not really want to get into discussion with some amateur hob lawyer on the finer points of law. YOu might find opening such a discussion to be counter-productive.

faceoff2k9

i know its immature but this guy has been the neighbour from hell.... its very random he has people over too , but the minute he does this guy is on the phone to the gardai . if i had a problem with my neighbour the last thing i'd be doing is ringing the guards would ye agree ? my friend is a nice guy works hard and he's partner works nights and the neighbour is hamering during the day as if he's putting up picture frames sometimes

WELL HOUSE PARTY YES/NO

Victor

k_mac wrote: »

So it is your friend that is having the parties? If his mega party causes a confrontation with his neighbour he may be guilty of the offence of breach of the peace and liable to arrest.

Within the 4 walls of his own house?

timmywex

I think im right in saying they cant do anything really about the noise inside....its the county council on that one.

But if they got complaints from numerous sources or whatever/it is unreasonable. Then things start moving. Depending on the house/situation etc etc public order act may come into play. Being a party the suspicion of drugs being used/taken could well be accurate so a drugs search potentially?

Give the gaurds hassle, all you'll get back is hassle!

Tefral

Environmental Protection Agency Act, 1992

Noise as a nuisance. Section 108

.—(1) Where any noise which is so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance to a person in any premises in the neighbourhood or to a person lawfully using any public place, a local authority, the Agency or any such person may complain to the District Court and the Court may order the person or body making, causing or responsible for the noise to take the measures necessary to reduce the noise to a specified level or to take specified measures for the prevention or limitation of the noise and the person or body concerned shall comply with such order.

The maximum fine for conviction on breach of noise regulations is €3,000 or 12 months in prison or both.

However, as ye are moving out ye cant be taken to court as the person making the complaint has to furnish you with notice that he intends to make a complaint to a court. (the guards arent the court)

(3) Before a complaint is made to the District Court under subsection (1) the local authority or the person concerned, as the case may be, shall serve a notice in the prescribed form of the intention to make such a complaint, within such time as may be specified in the notice, on the person alleged to have made or have caused or have been responsible for the noise.

Delancey

if you were to trawl through the Emergency Services forum you would find a couple of threads asking Guards what the legal position is re. noisy parties . The answer those Op's got was that it was nothing to do with the Gardai who had nil power to intervene in such matters.

MagicSean

Victor wrote: »

Within the 4 walls of his own house?

Yes breach of the peace is under common law and applies everywhere, including a residence.

Tom Young

http://www.boards.ie/vbulletin/showthread.php?t=2055465155&highlight=dwelling See here.

It actually doesn't apply in a private dwelling save for the Noise Pollution elements highlighted earlier. Which are civil matters.

Constitution Art: 40.5

The Constitution (Bunreacht na hÉireann) declares that the dwelling of a citizen in Ireland is inviolable and shall not be entered forcibly except in accordance with the law. This means that no one, including the Gardai (Irish police force), may enter the place where you live without a warrant or other legal authority to enter.

If you are arrested as a result of an unlawful entry into your home, your arrest is illegal. Evidence obtained as a result of an unlawful entry onto your dwelling is inadmissible in court.

Your right to inviolability of dwelling is set down in Article 40.5 of the Constitution.

Wolfe Tone

Ah so does that mean that if a Garda calls to your house for whatever reason and asks "Do you mind if we have a look around?" You can say "Yes" and leave him on the doorstep? Would you need to provide a reason?

MagicSean

MUSSOLINI wrote: »

Ah so does that mean that if a Garda calls to your house for whatever reason and asks "Do you mind if we have a look around?" You can say "Yes" and leave him on the doorstep? Would you need to provide a reason?

If you say yes why would they stay on the doorstep? Surely you would just say no.

slimjimmc

"Do you mind if we have a look around?"

Yes = I do mind, stay out
No = I do not mind, come in.