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The wort undertaken by the Public Health Department is a
small part of that taking place throughout the country, and. all
results obtained in Kensington are forwarded to the Fuel Research
Station of the Department of Scientific and Industrial Research for
correlation with results obtained in all other districts.
In this connection it is a matter of interest that at the
request of the Department of Scientific and Industrial Research the
Council use a Reflectometer for measuring the amount of atmospheric
pollution recorded by the filter papers at the three smoke measuring
stations maintained in the borough by the Council. This instrument
enables greater accuracy to be obtained and eliminates the possibility
of human error.
NOISE ABATEMENT ACT. 1960
This Act came into operation on 27th November, 1960.
Under Section 1 any noise or vibration which would amount to a
nuisance at common law is deemed to be a statutory nuisance which
can be dealt with according to the procedure provided in Part III
of the Public Health Act, 1936.
In London, Section 66 of the London County Council (General
Powers) Act, 1937 has for many years given Metropolitan Borough
Councils power to deal with noise as a nuisance under the Public
Health (London) Act, 1936, where a person made or caused to be made
or continued an excessive or unreasonable or unnecessary noise
which was injurious or dangerous to health.
The Noise Abatement Act, 1960 amended this Section to
conform with the new meaning of noise nuisance.
Local authorities are now able to require the abatement
of a noise or vibration nuisance (not necessarily injurious or
dangerous to health) by the service of an abatement Notice on the
person causing the nuisance and, if the Notice is not complied
with, it can be enforced by proceedings in a Magistrate's Court.
Apart from action by a local authority, any three or more
occupiers of land or premises who are aggrieved by a noise or
vibration nuisance may make complaint direct to a Magistrate.
Complaints are received in the department from time to
time regarding noise nuisances, mainly arising as a result of
industrial work. In all cases, during 1961 remedies were secured
without recourse to legal action.
It should be noted that, in the case of noise or vibration
caused in the course of a trade or business, it is a defence in any
proceedings to show that the best practicable means have been used
for preventing it and counteracting its effect.
Section 2 of the Act deals with the use of loudspeakers in
streets. It prohibits their use for any purpose between 9 p.m. and
8 a.m. except in the special circumstances defined in sub-section 2
of the section, and at any other time for advertising any trade,
business or entertainment, with the exception that between noon and
7 p.m. a loudspeaker fixed to a vehicle used for the sale of perishable
foodstuffs may be operated to announce that the commodities are
on sale: the loudspeaker is, however, not to be so operated as to
give reasonable cause for annoyance to persons in the vicinity.
During the year the Council instituted proceedings in
three cases for offences under this section. Convictions were
obtained and fines totalling £3.10s. 0d. with 10/6d. costs were
imposed.