Interim ASBO granted after noise complaints

 

Cheltenham Borough Council has successfully gained an interim anti-social behaviour order on Mrs Deborah Cove of Fairhaven Road, Cheltenham, at a hearing on 12 July 2013 in Cheltenham Magistrates Court.

The case was brought by the council’s environmental health team after a substantial investigation, in partnership with the police into noise nuisance and other anti-social behaviour.

Yvonne Hope, the council’s head of public protection said: ‘’I hope that this now means that the households affected can live without the disturbance they have been suffering with for so long.  This outcome should act as a warning to others that anti-social behaviour is not acceptable and working with our partner organisations such as the police, we will take action will be taken where necessary.’’

Since September 2012, the team had investigated reports that noise disturbance from Mrs Cove’s property was affecting two other households in the road. Officers gathered evidence from the complainant, took sound recordings using noise monitoring equipment, and witness statements were also produced over a number of out of hours visits to the complainants’ property to ascertain the level of disturbance.

Council and police officers held case conferences in order to decide the most appropriate way forward and a number of informal methods were taken. As part of an ‘acceptable behaviour contract’, Mrs Cove was asked to adhere to certain points with a view to reducing the instances of anti-social behaviour and noise disturbance. None of the informal methods produced any long lasting difference and instances of further anti-social behaviour and noise continued to be reported to the council and police.

As a result of further monitoring including late night visits by officers, a noise abatement notice was served and remains in place. As complaints were still being received regarding anti-social behaviour, an anti-social behaviour order was seen to be the most suitable way to secure a positive outcome for the complainants.

The interim ASBO successfully obtained aims to gain an immediate break from disturbance and anti-social behaviour for the complainants, The magistrates agreed the anti-social behaviour order with all its corresponding evidence was “just” to be served.  At a court hearing later in the year, magistrates will try all the evidence and decide whether to grant the full anti-social behaviour order.

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