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2 Experts
8 Contributions by FTB Chambers Experts
PRACTICE NOTES
Statutory nuisance leading to abatement notice
A local authority is required to periodically examine its district for statutory nuisances, and when a resident submits a complaint, it must take all reasonably practicable steps to investigate it. A statutory nuisance may arise where any of the following are, or are likely to be, prejudicial to health or a nuisance:
the condition or physical state of premises
smoke, fumes or gas released from premises, a vehicle, machinery or equipment in a street
dust, steam or odours originating from business, industrial or trade premises
refuse, or any accumulation or deposited material
noise arising from any premises, vehicle, machinery or equipment in the street
For further detail on the above, see Practice Note: Statutory nuisance.
A statutory nuisance can also be abated, limited or prevented by a nuisance order made by the
Corporate Crime
PRACTICE NOTES
This Practice Note outlines the powers available for addressing anti-social behaviour within an environmental setting, with particular focus on those introduced by the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014).
Community Protection Notices
What is a Community Protection Notice and what is its purpose?
A Community Protection Notice (CPN) is intended to prevent a person aged 16 or above, a business, or an organisation from engaging in conduct that gives rise to specific, continuing problems or nuisances which adversely affect the community’s quality of life...
Corporate Crime
PRACTICE NOTES
This Practice Note outlines the application, purpose, content and framework of the Licensing Act 2003 (LA 2003) as it applies in England and Wales.
The requirement for authorisation
LA 2003 makes it a criminal offence to carry out, or to attempt to carry out, any licensable activity on or from premises without the requisite authorisation. On summary conviction, the maximum sanction is:
imprisonment for up to six months
an unlimited fine
or both
See Practice Notes: Summary of offences under the Licensing Act 2003 and Children and alcohol offences under the Licensing Act 2003.
Licensing authorities
The duty to grant and review premises licences sits with the relevant licensing authority, being the local authority for the area in question. Each licensing authority must form a licensing committee of not fewer than ten and not more than fifteen members of the authority, with specified
Local Government
PRACTICE NOTES
Noise nuisance
Noise makes up the majority of complaints received by local authorities and the Environment Agency (EA) about environmental pollution. It is any unwelcome sound that happens unexpectedly, or is excessively loud or repetitive. Exposure within certain decibel ranges can be harmful to health, with low frequency noise capable of being as damaging as loud noise. Noise nuisance is typically handled by local authorities as an environmental health matter. The police become involved where the disturbance amounts to a breach of the peace, or is linked to threatening, violent or other anti-social behaviour. Police and local councils frequently work jointly to take action or obtain orders against residents whose anti-social behaviour—causing alarm, harassment and distress—affects others. See Practice Note: Anti-social behaviour—environmental breaches.
Public nuisance
Creating a public nuisance is both a tort and a criminal offence, formerly at common law and now under section 78 of the
Corporate Crime
PRACTICE NOTES
Wildlife offences
Criminal offences relating to harm to wildlife are mainly established by the Wildlife and Countryside Act 1981 (WCA 1981), alongside the following legislation:
Food and Environment Protection Act 1985
Wild Mammals (Protection) Act 1996
Deer Act 1991
Pests Act 1954
Poisons Act 1972
There are also EU and domestic laws enacted in line with the Convention on International Trade in Endangered Species of Wild Flora and Fauna, which govern the cross‑border trade of wild animals and plants. See Practice Notes: Species Protection and Illegal wildlife trade.
The National Wildlife Crime Unit is a strategic policing unit operating above individual force activity. Its remit is to:
co‑ordinate enforcement concerning cross‑border and organised crime at national and international levels
collate intelligence and provide analytical assessments
The CPS prosecutes these cases. Summary prosecutions must be commenced within six months of the date the
Corporate Crime
PRECEDENTS
To: [ name ] of [ address ]
Please note that:
The [ name ] [ District ] [ Borough ] [ City ] Council (the Council) is satisfied that a statutory nuisance [ exists OR is likely to [ occur OR recur ] ] under section 79(1) [ specify which subsection ] of the Environmental Protection Act 1990 (EPA 1990), originating from [ the premises at ] [ specify the address of the source of the nuisance ] and resulting from [ describe the matters which are causing the nuisance ].
This abatement notice is issued to you as you are [ the person responsible for the statutory nuisance OR [ the owner OR the occupier of ] the premises ].
What you are required to do
[ You are required to abate...
Corporate Crime
PRECEDENTS
Before the [ insert name ] Magistrates' Court on [ insert date ]
Defendant: [ insert name of the individual liable for the statutory nuisance OR, where appropriate, the owner of the premises from which the nuisance originates ]
Address: [ insert address ]
Matter of complaint
That, on [ insert date ], a statutory nuisance, within meaning of Environmental Protection Act 1990, s 79(1) [ specify paragraph ], was present at [ specify the premises and its address ] and still persists now, and that [ name of person responsible for the statutory nuisance ] remains responsible for the statutory nuisance...
Corporate Crime
PRECEDENTS
[ insert address of claimant's instructing solicitor ]
[ insert date ]
To: [ insert name of person or local authority responsible; and address ]
[ insert name ],
Existence of a statutory nuisance Notice under section 82(6) of environmental protection act 1990
We act for our client, [ insert name ], and hereby give you notice of [ his OR her OR its ] intention to commence proceedings against [ you OR your authority ] under the provisions of Section 82 of the Environmental Protection Act 1990...
Corporate Crime
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