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Takeaway director fined for noise nuisance

Release date: 
Thursday, 17 October, 2019

A company director has been ordered to pay a total of £2,650 after a court heard an Indian takeaway shop had “made life hell” for one of its neighbours.

Muhammad Jahid Miah, a director of Hawali Indian Ltd, pleaded guilty to 19 charges relating to failing to prevent a statutory noise nuisance under the Environmental Protection Act 1990.

He was ordered to pay £1,000 compensation to the resident, as well as £1,370 costs, a £30 victim surcharge and a £250 fine.

The prosecution, which was heard at Burnley Magistrates’ Court, was brought by Burnley Council.

The court was told that the council had received a complaint from a resident about noise from the extraction system at the Hawali takeaway in Burnley Road, Padiham. The resident said the noise usually began around tea-time and lasted until approaching midnight and was a “humming, buzzing and whirring” type noise.

The noise was so bad that it kept him awake and he was prescribed sleeping pills and used ear plugs to drown out the din.

The council contacted the takeaway’s owners and was told that part of the extraction system had recently been replaced. A council environmental health officer visited the takeaway and the resident’s home and took noise level readings but the problems continued and further complaints were made by the resident to the Pennine Lancashire night-time noise nuisance service.

In June a notice was served on Hawali Indian Ltd requiring it to stop the noise from the extraction system but the problem persisted. There were further complaints from the resident.who kept a diary which showed noise nuisance on a daily basis between 3rd-18th August.

The court was told that Mr Miah had disputed the complaints with the council and said he had turned down the power on the extraction system to try and solve the issue.

 

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