Search Legislation

Clean Neighbourhoods and Environment Act (Northern Ireland) 2011

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 1

 Help about opening options

Alternative versions:

Status:

Point in time view as at 01/04/2012.

Changes to legislation:

There are currently no known outstanding effects for the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011, SCHEDULE 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 62.

SCHEDULE 1N.I.APPLICATION OF THE NOISE ACT 1996 TO LICENSED PREMISES ETC.

This schedule has no associated Explanatory Notes

1  The Noise Act 1996 (c. 37) is amended as follows.N.I.

Commencement Information

I1Sch. 1 para. 1 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

2  In the heading to section 2, omit the words “from a dwelling”.N.I.

Commencement Information

I2Sch. 1 para. 2 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

3—(1) Section 2 (investigations of complaints of noise) is amended as follows.N.I.

(2) In subsection (2), after the words “emitted from” insert “ (a) ” and at the end insert

, or

(b)any of the following (referred to in this group of sections as “the offending premises”)—

(i)any premises in relation to which an exhibition licence has effect;

(ii)any place in relation to which an entertainment licence has effect;

(iii)any licensed premises;

(iv)a place at which the sale of intoxicating liquor is for the time being authorised by an occasional licence;

(v)any premises where meals or refreshments are supplied whether for consumption on or off the premises;

(vi)any premises occupied by a registered club.”..

(3) After subsection (2) insert—

(2A) For the purposes of subsection (2)(b)—

exhibition licence” means a licence granted under Article 3 of the Cinemas (Northern Ireland) Order 1991;

entertainment licence” means a licence granted under paragraph 3 of Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985;

intoxicating liquor”, “licensed premises” and “occasional licence” have the same meanings as in the Licensing (Northern Ireland) Order 1996;

registered club” has the same meaning as in Article 2(2) of the Registration of Clubs (Northern Ireland) Order 1996..

(4) In subsection (4)(a), after the words “the offending dwelling” insert “ or the offending premises ”.

(5) In subsection (7)—

(a)after the words “the offending dwelling is” insert “ , or the offending premises are, ”;

(b)after the words “if the offending dwelling” insert “ or the offending premises ”.

Commencement Information

I3Sch. 1 para. 3 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

4—(1) Section 3 (warning notices) is amended as follows.N.I.

(2) In subsection (1)—

(a)in paragraph (a)(i), after the words “offending dwelling” insert “ or the offending premises ”;

(b)for paragraph (b) substitute—

(b)give warning—

(i)in a case where the complaint is in respect of a dwelling, that any person who is responsible for noise which is emitted from the offending dwelling in the period specified in the notice and which exceeds the permitted level, as measured from within the complainant's dwelling, may be guilty of an offence;

(ii)in a case where the complaint is in respect of other premises, that the responsible person in relation to the offending premises may be guilty of an offence if noise which exceeds the permitted level, as measured from within the complainant's dwelling, is emitted from the premises in the period specified in the notice..

(3) In subsection (3), at the beginning insert “ In a case where the complaint is in respect of a dwelling, ”.

(4) After subsection (3) insert—

(3A) In a case where the complaint is in respect of other premises, a warning notice must be served by delivering it to the person who appears to the officer of the district council to be the responsible person in relation to the offending premises at the time the notice is delivered..

(5) After subsection (5) insert—

(6) For the purposes of this group of sections, the responsible person in relation to offending premises at a particular time is—

(a)in the case of any premises mentioned in sub-paragraph (i), (ii), (iii) or (iv) of section 2(2)(b)—

(i)the holder of the licence if he is present at the premises at that time,

(ii)where that person is not present at the premises at that time, any other person who is present at the premises at that time and in charge of the premises;

(b)in the case of any premises mentioned in sub-paragraph (v) of section 2(2)(b), any person who is present at the premises at that time and in charge of the premises;

(c)in the case of any premises mentioned in sub-paragraph (vi) of section 2(2)(b)—

(i)any official of the club who is present at the premises at that time;

(ii)where no such official is present at the premises at that time, any other person who is present at the premises at that time and in charge of the premises;

and for the purposes of this paragraph “official” has the same meaning as in Article 2(2) of the Registration of Clubs (Northern Ireland) Order 1996..

Commencement Information

I4Sch. 1 para. 4 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

5  In the heading to section 4, after the words “where noise” insert “ from a dwelling ”.N.I.

Commencement Information

I5Sch. 1 para. 5 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

6  After section 4 (offence where noise exceeds permitted level after notice) insert—N.I.

4A    Offence where noise from other premises exceeds permitted level after service of notice

(1) If—

(a)a warning notice has been served under section 3 in respect of noise emitted from premises,

(b)noise is emitted from the premises in the period specified in the notice, and

(c)the noise exceeds the permitted level, as measured from within the complainant's dwelling,

the responsible person in relation to the offending premises at the time at which the noise referred to in paragraph (c) is emitted is guilty of an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale..

Commencement Information

I6Sch. 1 para. 6 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

7  In section 5 (permitted level of noise), in subsection (1) after the words “from any dwelling” insert “ or other premises ”.N.I.

Commencement Information

I7Sch. 1 para. 7 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

8  In section 6 (approval of measuring devices), in subsection (3) after the words “section 4” insert “ or 4A ”.N.I.

Commencement Information

I8Sch. 1 para. 8 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

9—(1) Section 7 (evidence) is amended as follows.N.I.

(2) In subsection (1), after the words “section 4” insert “ or 4A ”.

(3) After subsection (3) insert—

(3A) In proceedings for an offence under section 4A, evidence that noise, or noise of any kind, measured by a device at any time was noise emitted from any other premises may be given by the production of a document—

(a)signed by an officer of the district council, and

(b)stating that he had identified those premises as the source at that time of the noise or, as the case may be, noise of that kind..

(4) In subsection (4), for the words “or (3)(a)” substitute “ , (3)(a) or (3A)(a) ”.

Commencement Information

I9Sch. 1 para. 9 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

10—(1) Section 8 (fixed penalty notices) is amended as follows.N.I.

(2) In subsection (1), after the words “section 4” insert “ or 4A ”.

(3) In subsection (2)(b), after the words “the offending dwelling” insert “ or the offending premises (as the case may be) ”.

Commencement Information

I10Sch. 1 para. 10 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

11—(1) Section 9 (section 8: supplementary) is amended as follows.N.I.

(2) After subsection (2) insert—

(2A) If a fixed penalty notice is given to a person in respect of noise emitted from other premises in any period in a warning notice—

(a)no further fixed penalty notice may be given to that person in respect of noise emitted from the premises during that period, but

(b)that person may be convicted of a further offence under section 4A in respect of noise emitted from the premises after the fixed penalty notice is given and before the end of that period..

(3) In subsection (5), after the words “section 4” insert “ or 4A ”.

Commencement Information

I11Sch. 1 para. 11 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

12—(1) Section 10 (powers of entry and seizure etc.) is amended as follows.N.I.

(2) In subsection (1)—

(a)in paragraph (a), after the words “a dwelling” insert “ or other premises ”;

(b)in paragraph (b), after the words “the dwelling” insert “ or other premises ”.

(3) In subsection (2), after the words “the dwelling” insert “ or other premises ”.

(4) In subsection (4)—

(a)in paragraph (a), after the words “a dwelling” insert “ or other premises ”;

(b)in paragraph (b), after the words “the dwelling” insert “ or other premises ”;

(c)in paragraph (c), after the words “the dwelling” insert “ or other premises ”;

(d)after the words “to enter the” insert “ dwelling or other ”.

(5) In subsection (5)—

(a)after the words “enters any” insert “ dwelling or other ”;

(b)for the words from “the premises are unoccupied” to the end substitute “ the dwelling is, or the other premises are, unoccupied, must leave it or them as effectively secured against trespassers as he found it or them. ”.

Commencement Information

I12Sch. 1 para. 12 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

13  In the Schedule (powers in relation to seized equipment), in paragraph 1(a)(i), after the words “section 4” insert “ or 4A ”.N.I.

Commencement Information

I13Sch. 1 para. 13 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources