3 Warning notices.E+W+N.I.
(1)A notice under this section (referred to in this Act as “a warning notice”) must—
(a)state that an officer of the authority considers—
(i)that noise is being emitted from the offending dwelling [F1or the offending premises] during night hours, and
(ii)that the noise exceeds, or may exceed, the permitted level, as measured from within the complainant’s dwelling, and
[F2(b)give warning that any person who is responsible for noise which is emitted from the dwelling, in the period specified in the notice, and exceeds the permitted level, as measured from within the complainant’s dwelling, may be guilty of an offence.]
[F2(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.]
(2)The period specified in a warning notice must be a period—
(a)beginning not earlier than ten minutes after the time when the notice is served, and
(b)ending with the following 7 a.m.
(3)[F3In a case where the complaint is in respect of a dwelling, ] A warning notice must be served—
(a)by delivering it to any person present at or near the offending dwelling and appearing to the officer of the authority to be responsible for the noise, or
(b)if it is not reasonably practicable to identify any person present at or near the dwelling as being a person responsible for the noise on whom the notice may reasonably be served, by leaving it at the offending dwelling.
[F4(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 authority to be the responsible person in relation to the offending premises at the time the notice is delivered.]
(4)A warning notice must state the time at which it is served.
(5)For the purposes of this group of sections, a person is responsible for noise emitted from a dwelling if he is a person to whose act, default or sufferance the emission of the noise is wholly or partly attributable.
[F5(6)For the purposes of this group of sections, the responsible person in relation to premises at a particular time is—
(a)where a premises licence has effect in respect of the premises—
(i)the person who holds the premises licence if he is present at the premises at that time,
(ii)where that person is not present at the premises at that time, the designated premises supervisor under the licence if he is present at the premises at that time, or
(iii)where neither of the persons mentioned in sub-paragraphs (i) and (ii) is present at the premises at that time, any other person present at the premises at that time who is in charge of the premises;
(b)where a temporary event notice has effect in respect of the premises—
(i)the premises user in relation to that notice if he is present at the premises at that time, or
(ii)where the premises user is not present at the premises at that time, any other person present at the premises at that time who is in charge of the premises.]
Extent Information
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in s. 14; see 14(4)
Textual Amendments
F1Words in s. 3(1)(a)(i) inserted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 4(2)(a); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk)
F2S. 3(1)(b) substituted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 4(2)(b); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk)
F3Words in s. 3(3) inserted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 4(3); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk)
F4S. 3(3A) inserted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 4(4); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk)
F5S. 3(6) inserted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 4(5); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk)
Commencement Information
I1S. 3 wholly in force at 1.9.1997; s. 3 not in force at Royal Assent see s. 14(2); s. 3 in force at 23.7.1997 for England and Wales by S.I. 1997/1695, art. 2 and 1.9.1997 for Northern Ireland by S.R. 1997/366, art. 2