Statutory Nuisance
What happens if the nuisance continues after the service of an Abatement Notice?
If, following service of notice, the nuisance continues, it will be necessary for the Council to gather evidence for the consideration of legal action and/or works in default. Such evidence will normally involve an officer witnessing the ongoing nuisance as it occurs. At this stage in the investigation you may be required to make a formal statement and to attend court as a witness to support the Councils case. It is an offence to fail to comply with the terms of an Abatement Notice. A person who commits an offence may be fined up to £5,000 upon conviction in the Magistrates Court. A Business found guilty of contravening an Abatement Notice could be liable to a fine of up to £20,000. For cases of noise nuisance the Council has the power to seize noise-making-equipment on occasions when further evidence of breach of Notice is obtained.