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the powers and duties with reference to a noise nuisance which a local authority has
with reference to a nuisance under the said Act.
(2) For the purpose of this section a noise nuisance shall be deemed to exist where
any person makes or continues, or causes to be made or continued, any excessive or
unreasonable or unnecessary noise, and where such noise: (a) is injurious or dangerous
to health, and (b) is capable of being prevented or mitigated, having due regard to all
the eircumstances of the case:
Provided that if the noise is occasioned in the course of any trade, business, or
occupation, it shall be a good defence that the best practical means of preventing or
mitigating it having regard to the cost have been adopted.
(3) Nothing contained in this section shall apply to a railway company or their
servants exercising statutory powers.
The powers available in Holborn are not very extensive.
In Holborn the by-laws made by the Council for the suppression of street cries are in
force, and on 1st August, 1929, the more general legislation—Motor Cars (Excessive Noise)
Regulations, 1929—came into operation. These regulations, however, cannot be regarded as
dealing adequately with the problem, nor are they as comprehensive as the Edinburgh
legislation. The Holborn Council, therefore, adopted a resolution asking the London County
Council to consider the promotion of legislation for London on lines similar to those adopted
in Edinburgh. During the preparation of this report a communication has been received from
the Clerk to the London County Council to the effect that the County Council has decided to
take no action to obtain by legislation further powers to deal with the noise nuisance. It is
interesting to observe that in the report of the Local Government Committee of the London
County Council it is admitted that there are noises not fully dealt with by the Motor Cars
(Excessive Noise) Regulations or by-laws made by the London County Council or the Borough
Councils, such for example as mechanical road-breaking or road-making appliances (e.g.,
pneumatic drills), noise caused by motor horns especially when traffic is held
up and noise caused by wireless loud-speakers. One newspaper comment on this
decision was "Peace for the Deaf."The fact remains that a large section of the Public
complain of excessive noise; Holborn residents and workers are bringing their complaints
to the Medical Officer of Health. If further testimony were necessary of the seriousness of the
evil, it is found in the ready response made by the persons responsible for the nuisance.
The progressive attitude of the Holborn Borough Council is exemplified by
their proposal to make a new by-law dealing with nuisance caused by loud-speakers
and gramophones. Complaint is frequently made of the annoyance caused by the
playing of loud-speakers in shops for the sale of wireless instruments and accessories.
It is the practice, in many instances, to place a loud-speaker in or about the entrance
to the shop in order to attract the attention of the passers-by without regard
to the disturbing effect the frequent playing has on other businesses or offices in the
immediate vicinity. The Police Authorities have been asked to assist in mitigating
the nuisance, but they are unable to render more than little assistance in this
direction as the instruments are on private property.
The Holborn Town Clerk is taking the necessary steps to enable The Council
to make the following by-law:—
" No person shall in any street or public place, or in any shop, business
" premises, or place which adjoins any street or public place, and to which the
" public are admitted, operate or cause to suffer to be operated, any wireless
" loud-speaker or gramophone in such a manner as to cause annoyance to, or
" disturbance of, occupants or inmates of any premises or passengers.
Any person offending against the foregoing by-law shall be liable upon
conviction to a penalty not exceeding forty shillings."