The High Court has upheld abatement notices issued by Thanet District Council in Kent, ordering that the volume of music at a local public house should be turned down.
The notices were challenged in the High Court on the basis that the council had exceeded its powers under the provisions of the Environmental Protection Act 1990, and that they were so unreasonable or so uncertain as to justify them being quashed.
However, upholding them and dismissing an appeal against the earlier dismissal by Thanet justices of a challenge against them, Langley J said he was satisfied the justices were right in the decision they had taken to back the council.
The judge said the council had powers to conclude that it was necessary to require abatement of a nuisance, and, in this case, the justices had found that the council had been justified in doing this. In addition, he said the council had the power to act as it did, and the justices were entitled to back its actions.
Lambie v Thanet District Council Queens Bench Division (Langley J) 31 July 2000.
Mr T Roe (instructed by Boys and Maughan, of Margate) appeared for the appellants; Mr TR Spencer (instructed by Mr P Borley, of Margate) appeared for the council.
PLS News 3/8/00
