Step 6 - Evidence Gathering
In the event that the noise abatement notice is not being complied with, it will be necessary to gather further evidence to prove that the notice is being breached and there is an ongoing nuisance.
This will involve repeating the initial noise monitoring exercise but will require more detailed investigation as found in Step 4 - evidence gathering.
From this point onward you need to inform the investigating officer whether you are prepared to attend court as the main witness to substantiate a breach of the noise abatement notice. If you are not prepared to attend court it is very likely that Sandwell Council will cease investigating your complaint and you will be advised that the matter will not proceed any further.
Important points
- For this part of the investigation, Sandwell Council will require you to collect your evidence accurately as any prosecution that may be forthcoming as a consequence of this stage will be subject to scrutiny in a court of law.
- You will be required to provide a witness statement and accurate diary records which will need to be completed at the time of the occurrences of noise.
- Officers may request to attend your premises to witness the noise themselves in addition to installing any noise monitoring equipment