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77
works involved, but in no case was it necessary for the Council to take
legal proceedings.
With regard to industrial noise, it is a good defence in any
proceedings to prove that the best practicable means have been used for
preventing it or counteracting its effect. Apart from the Council
having authority to take action, any three or more persons who are
aggrieved by a noise nuisance may make complaint direct to a Magistrate.
In cases where complainants were not satisfied with the power of action
available to the Council's officers their rights under private action
were explained to them.
Section 2 of the Noise Abatement Act, 1960, deals with the use of
loudspeakers on the highway. It prohibits their use (except for
specified services) for any purpose between 9.00 p.m. and 8.00 a.m. and
at any other time for advertising any trade, business or entertainment,
provided that between noon and 7.00 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.
One successful prosecution was undertaken during the year
concerning the chimes of an ice-cream vendor. The offender was fined
a sum of £5.0s.0d. and £1.0s.0d. costs were awarded to the Council.