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Noise abatement notices under challenge

The proprietors of a public house on the Kent coast have gone to the High Court to challenge noise abatement notices served against them after neighbours complained about loud music and DJs commentary coming from the premises.

Adrian and Vanessa Howson-Ball and their manager, Eric Pearson, were prosecuted and convicted by Thanet Magistrates in November 1999 under the Environmental Protection Act 1990. The Crown Court later upheld the convictions on appeal.

Now, though, the publicans are mounting another challenge, arguing that the abatement notices were a nullity because they failed to specify how the nuisance could be abated.

Rose LJ and Elias J have reserved judgment in the case.

PLS News 8/11/00

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