Section 66 of the London County Council (General Powers) Act, 1937, provides that a noise nuisance may be dealt with summarily under the Public Health (London) Act, 1936. In securing attention to this provision the temporary streets nuisance inspector rendered valuable assistance, and also co-operated with the police in regard to complaints relating to street musicians, noisy hawkers, etc. During the year, five complaints were received relating to nuisance from wireless loudspeakers, gramophones and similar instruments. In each instance abatement of the nuisance was secured without the service of formal notice. Early in the year complaints were received of noise and disturbance caused by the violent slamming of doors of motor vehicles. The attention of taxicab and car drivers was drawn to the matter by the display of the following poster at cab ranks and garages:—
BOROUGH OF ST. MARYLEBONE. NOISE. Nuisance From Motor Vehicles.
The Borough Council receive many complaints of the noise and disturbance caused by the violent slamming of doors of motor vehicles, and have been urged to take action with a view of preventing the nuisance. Drivers and users of motor-cars and taxicabs are particularly requested to show consideration for others by reducing the occasions for closing car doors and to avoid slamming as far as possible.
Town Hall, CHARLES PORTER, St. Marylebone, W.1. Medical Officer of Health.
Publicity was also given to the matter in the Press and as a result of this and the co-operation of garage proprietors and others concerned with cars it may be hoped that some mitigation of the door-slamming nuisance has been secured. The Council continue to subscribe to the funds of the Anti-Noise League.
The following byelaw in regard to street cries and noises was made by the Borough Council in 1907 and only applies to Sundays: —
Under section 66 it is provided that a noise nuisance shall be a nuisance which may bo dealt with summarily under the Public Health (London) Act, 1936. A noise nuisance is deemed to exist where any person makes or continues or causes to be made or continued any excessive or unreasonable or unnecessary noise which is injurious or dangerous to health. The section does not apply to a noise occasioned by the exercise of the functions under any Act of the county council or the sanitary authorities or any statutory undertakers; or affect the power of the county council or any borough council to make byelaws for good rule and government and suppression of nuisances under section 38 of the London County Council (General Powers) Act, 1934. It is further provided by section 66 of the new statute that no complaint to a petty sessional court under paragraph 20 of the fifth schedule to the Act of 1936 in respect of a noise nuisance shall be of any effect unless it is made by not less than three persons, being either householders or occupiers of premises within hearing of the noise nuisance which is the subject of the complaint. In any proceedings occasioned in the course of any trade, business or occupation it will be a good defence for the person charged to show that he has used the best practicable means of preventing or mitigating the nuisance having regard to the cost and to other relevant circumstances. [Extract from Report of Town Clerk.]
In connection with this matter the following byelaw recently made by the Borough Council as to nuisances caused by wireless loudspeakers, gramophones, etc., came into operation on the 1st August, 1937.
“No person shall (a) in any street or public place or in or in connection with any shop, business premises or other place which adjoins any street or public place and to which the public are admitted, or (6) upon any other premises by operating or causing or suffering to be operated any wireless loudspeaker, gramophone, amplifier or similar instrument make or cause or suffer to be made any noise which shall be so loud and so continuous or repeated as to cause a nuisance to occupants or inmates of any premises in the neighbourhood.
Provided that no proceedings shall be taken against any person for any offence against this byelaw in respect of premises referred to in paragraph (b) thereof, unless the nuisance be continued after the expiration of a fortnight from the date of the service on such person of a notice alleging a nuisance, signed by not less than three householders residing within the hearing of the instrument as aforesaid.
Any person offending against this byelaw shall be liable on summary conviction to a fine not exceeding five pounds.”