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(General Powers) Act, 1937, such nuisance being defined in subsection
3 as "any excessive or unreasonable or unnecessary noise
which is injurious or dangerous to health". The new Act amends
this to read "any noise which is a nuisance", a definition which is
very vague and will have to be determined by the magistrate.
For a local authority to require its abatement, a noise or vibration
nuisance now need not necessarily be injurious or dangerous
to health. It must be admitted, having outlined the statutory aspect
of the problem, that nuisances arising as a result of noise are
extremely difficult to assess for noise constituting a nuisance to one
person may pass unnoticed or even be enjoyed by a neighbour.
Generally speaking one expects noise nuisances to be a byproduct
of industrial processes and, by and large, this has proved
to be so. However, with regard to noises and vibrations resulting
from trade or business it is a defence in any proceedings to show
that the best practical means have been used to prevent or counteract
the effects and therein lies the difficulty for local authorities.
Since the introduction of the Noise Abatement Act, the public
have become more noise conscious thus leading, in some cases, to
complaints which may perhaps be considered of a minor nature.
During the year some 17 complaints of noise nuisance were
received of which one was of such a nature as to require intensive
investigation. It concerned a large local firm and the complaint
was that noise, sufficient to cause nuisance to the inhabitants of
the neighbourhood, was being emitted at all hours of the day
and night, the nuisance being more acute during the night and
more particularly on warm nights when windows were wide open.
With the co-operation of the Scientific Branch of the London
County Council, noise readings were taken over a 24-hour period
and, subsequently, observations were sought from the management
of the firm concerned. They indicated that the nuisance arose
from the fact that, due to large export orders, it was necessary
to utilise the plant for the full 24 hours of the day. However, as
the result of representations from the Public Health Department,
efforts have been made by the management to minimise the noise
and a satisfactory outcome is likely only after a period of "trial
and error".
Pharmacy and Poisons Act, 1933.—This Act came into force
on 1st May, 1936, and has for its object closer control of the sale
of poisons and poisonous substances. Under it the Medical Officer
of Health and Public Health Inspectors are appointed to carry out
the provisions referred to in Part II of the Poisons List. These