Residents have complained persistently about a neighbour who plays loud music at all hours. The local authority has issued a written warning and the behaviour has continued. Which of the following correctly describes what may happen next?
- AThe local authority must now apply to the magistrates court for an injunction - the written warning exhausts the out-of-court options available
- BThe police may apply to the magistrates court for a civil injunction under the Anti-Social Behaviour Crime and Policing Act 2014 requiring the neighbour to stop the behaviour
- CThe local authority may issue a noise abatement notice under the Environmental Protection Act 1990 - the 2014 Act does not apply to noise nuisance between neighbours
- DFollowing the written warning an authorised person may issue a community protection notice requiring the behaviour to stop - breach of the notice is a criminal offence
Show answer and explanation
Under the Anti-Social Behaviour Crime and Policing Act 2014 a community protection notice may be issued by an authorised person - including a police officer or local authority officer - where a person is acting unreasonably and the conduct is having a detrimental effect on the quality of life of those in the locality, is persistent or continuing, and is unreasonable. A written warning must first be given. Breach of a CPN is a criminal offence. A court is not required to issue the notice.
- A: A court injunction is not the next step after a written warning. The CPN is specifically designed as an out-of-court enforcement tool that sits between the written warning and court proceedings. The written warning does not exhaust the out-of-court options.
- B: The civil injunction under the 2014 Act is a court-based remedy applied for through the county court or High Court. It is not applied for by police and is not the next step following a written warning.
- C: A noise abatement notice under the Environmental Protection Act 1990 may be available in parallel but the 2014 Act is not excluded from noise nuisance cases. Both regimes can apply and the CPN route is equally available.