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with summarily as a nuisance. The proof necessary to satisfy these
requirements before Court procedure could be instituted was often difficult
to obtain. The new Act substitutes for these words "noise which is
a nuisance'', and the procedure is thereby simplified, the nuisance
depending on opinion. It is not necessary to prove injury to health, or
that the noise was excessive, unreasonable or unnecessary. With regard
to industrial noise, however, it is still a good defence to prove that the
best practicable means have been used to prevent or counteract its effect.
As well as the Council having authority to take action, any three persons
who are aggrieved by a noise nuisance can take action by complaining
to a Magistrate.
It has been the practice of the Health Department to take all the
necessary action when complaints of noise have arisen in connection with
a trade or business. Industrial noise clearly has a health angle, in
that it is often continuous and of considerable intensity. The service of
Notices has not been necessary, because a letter calling attention to the
complaint has invariably had the desired results.
Complaints, however, received from persons who complain that
rowdy parties take place at certain times in adjoining premises, or that
the person in the flat above causes undue noise, are not considered the
type of complaint that should be dealt with by the Inspectors. There
would appear to be no specific hazard, but rather a personal problem
arising from, in the majority of cases, behaviour difficulties between
neighbours. This is the type of complaint that could well be dealt with
by the persons aggrieved.
Consumer Protection Act, 1961.
This Act repealed the Heating Appliances (Fireguards) Act, 1952,
and the Oil Burners (Standards) Act, 1960, but Regulations made under
the former Act concerning fireguards on certain heating appliances
offered for sale are still in force, and new Regulations have been made
concerning oil burners, specifying standards of safety, and prohibiting
the sale of oil heaters or component parts which do not comply with the
Regulations.
No contraventions of the Regulations were reported during the year.
Licensing Act, 1961.
Under Section 31 of the Licensing Act, 1961, it is provided that
where a Club applies for a registration certificate for the sale
intoxicating liquor in respect of any premises, an Officer of the Local
Authority, authorised in writing, may inspect the premises. The Public
Health Inspectors have been so authorised. The inspection is primarily
concerned to see that adequate sanitary facilities are available, but
the Inspector is also required to report upon the suitability of the
premises for the proposed use.
Following an adverse report by an Inspector on one such case,
and an objection by the Council, the application for renewal of a
registration certificate was refused by the Magistrate, and the premises
were disqualified from occupation and use as a registered club for
twelve months.