Leamington resident charged for noise nuisance to his neighbours

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Raised voices after midnight and a barking dog were among the noise disturbances a Leamington man subjected his neighbours to over several months.

And at Nuneaton Magistrates Court in December Dominic Duxbury of Tachbrook Road was found guilty in his absence was convicted of breaching a noise nuisance abatement notice that had been served upon him by Warwick District Council.

Mr Duxbury was convicted and fined £800.

In addition Magistrates ordered him to pay full legal and investigation costs of £1,722.64 plus a victim surcharge of £80.

The abatement notice continues in force.

Over several months the Council received numerous complaints about nuisance to neighbours arising from noise at Mr Duxbury’s house, in particular a barking dog, raised voices and disturbance from numerous visitors coming and going late at night.

In December 2016 Environmental Health officers witnessed noise and disturbance from raised voices at the house, which was interfering with neighbours use and enjoyment of their property.

As a result Mr Duxbury was served with an abatement notice, which required him to prevent further noise nuisance to his neighbours.

Complaints continued and in May 2017 council officers witnessed a serious breach of the notice, with raised voices being heard from the neighbour’s house at around midnight.

Mr Duxbury was summoned to court three times to answer the charge, but failed to attend.

In the meantime complaints continued and on December 19 last year it was agreed by magistrates that the case should be heard in his absence.

Councillor Andrew Thompson, Warwick District Council’s portfolio holder for health and community protection, said: “Unfortunately we do have some residents who are suffering from the impacts of noise nuisance.

“If you are experiencing regular or repeated disturbance in your home from another property, then a member of our environmental health team can visit and make the required legal assessment as to whether the noise is intrusive.

We live in a great community, but where evidence of a nuisance exists and we do not receive cooperation to change behaviours, then we are prepared to take the case to court.”