Lost faith in the Gardai (again)

You'll actually find that when you call to complain about a noisy party, you will be told that the best that they can do is ask them to turn down the volume. If they refuse, nothing will be done. The busier stations will more than likely not send any one to these calls as it is a waste of resources.

In order for someone to be prosecuted for noise pollution, it must be a recurring or regular event. Actually, here it is for you made easy. I haven't read it all but tell me where it says 'call the guards'.

Noise Pollution
This page outlines the steps open to you under the law where you are experiencing nuisance caused by noise. It is intended as a practical guide and is not a legal interpretation of the law. Noise pollution is administered by Louth County Council for the County including Drogheda and Dundalk.

Has the procedure for dealing with complaints about noise been simplified?
Yes, The Minister for Environment Protection made Regulations in July 1994 to make it easier to bring complaints about noise to the District Court.

Are exceptions made for any types of noise?
Yes, Complaints about aircraft noise are specifically excepted and such complaints should be directed to the airport authority in question or to the Department of Transport, Energy and Communications.

When can I take legal action to deal with noise as a nuisance?
Whenever you consider a noise to be so loud, so continuous, so repeated, of such duration or pitch or occurring at such times that it gives you reasonable cause for annoyance you can initiate action to deal with it.

What action can I take?
Initially, it may be sufficient to explain to whomever is causing the noise that it is a nuisance and so come to some mutually acceptable understanding.

Where, for whatever reason, such an approach is not successful you can consider exercising your right to complain to the District Court to seek an Order to deal with the nuisance.

Will the District Court solve my problem?
The task of the District Court is to hear both sides of the case. Where it finds in your favour it can order the person or body making the noise to reduce it to a specific level, to limit it, e.g. to specified times, or to stop it altogether.

Are there any legal conditions which I need to take into consideration before I decide to complain to the District Court?
Yes, the legislation specifies certain conditions that amount to a good defence in Court for the person allegedly causing the nuisance.

What are the "good defence" conditions?
The person concerned may prove

that he/she took all reasonable care to prevent or limit the noise by using facilities, practices and methods of operation that are suitable for that purpose, or
that the noise is in accordance with a licence issued under the Environmental Protection Agency Act or with Regulations made by the Minister under the Act.

Must the Court Order be complied with?
Yes, the person (or body) concerned must comply with the Court Order.

How do I complain to the District Court?
consult with the Clerk of your local District Court about an appointment for the hearing of your case. This appointment must e at least seven days later than the date on which you inform the person responsible for the noise nuisance that you will be taking your case to the Court.
once a time has been set for your Court hearing you must inform the person concerned that you will be making a complaint to the Court.
You must use a particular form of notice in informing the person concerned. This has been specified in the Regulations and can be downloaded below. It is important that you use this form of notice only and that you complete it fully and accurately. You will see from the specimen notice that the date of your complaint to the Court must be at least 7 days after the date of the notice.
You attend Court at the arranged time and present your complaint.
Once you have decided to take your case to the Court there are a number of steps which you must follow

Must I consult a solicitor if I wish to complain to the Court?
No, nor is there a requirement to be represented in Court by one. However, if you wish, you may engage a solicitor to prepare the complaint and/or to present it in Court.

Has the Environmental Protection Agency a role in dealing with noise problems?
Yes, the Agency has the same powers as an individual to complain about noise nuisance to the District Court. In addition, in the case of an activity for which a licence is required under the Environmental Protection Agency Act, the Agency can require the taking of specified measures to prevent or limit the noise. The person (or body) required to take such measures must do so or face prosecution. Alternatively, the Agency may take the remedial measures itself and recover the cost from the person in charge of the source of the noise.

Has my local authority a role in dealing with noise problems?
Yes. Local Authorities have the same powers as individuals to complain about noise problems to the District Court. In addition, they have similar powers to the Environmental Protection Agency in relation to premises, processes and works other than those which require licences under the Environmental Protection Agency Act.

Can I approach the Environmental Protection Agency or my Local Authority about noise problems?
Yes. The Environmental Protection Agency has power to require measures to be taken to prevent or limit noise from activities which are licensable by the Agency. In other cases local authorities have similar powers. A citizen may request the Agency or the Local Authority, as the case may be, to exercise its power in relation to noise causing a nuisance.

What are the penalties for a breach of the law?
A fine of up to €1270 or imprisonment for up to 12 months or both.

Are there specified noise standards, such as maximum levels in certain locations?
Not at present but the necessary work to do so is under way. Priority will be given to standards for residential, commercial and industrial areas, schools and hospitals.

Environmental Protection Agency Act, 1992

lostexpectation wrote:

so you admit that police do come out to parties on regular basis and ask for the noise to be reduced.

wheres is the step in between having a word yourself and going to the district court, where is that step at 2 o'clock in the morning.

you really are a wum. Check e-bay for the 'magic noise reduction wand.' Its meant to work best after dark.

You could always kill the power to their place from the circuit breaker?

Unfotunately only really works in an apartment block. I always find the lack of electricity soon puts a dampener on things.

If it continues why not pull their NTL, phone and gas as well. Back to the dark ages with you inconsiderate twats!!!