Regulatory enforcement powers and what they are
The councils are empowered with a range of regulatory enforcement tools to address nuisance and anti-social behaviour, ensuring communities remain safe and well-managed.
Under the Anti-social Behaviour, Crime and Policing Act 2014, we can use measures such as civil injunction, community protection notices, public space protection orders, closure powers and the ASB Case Review to respond to persistent problems that affect residents' quality of life.
These powers are designed to be flexible, victim-focused options to prevent harm and tackle disruptive behaviour.
We also have powers under the Environmental Protection Act to serve notices when the issue is deemed to be of such a level that it is considered to be a statutory nuisance.
In common law, a 'nuisance' is an issue which has an unreasonable and substantial interference of the use and enjoyment of someone's property.
Section 79 (1) of the Environmental Protection Act 1990 (amended by other other legislation) sets out what can be considered to be a statutory nuisance as being within one of these categories:
- any premises in such a state as to be prejudicial to health or a nuisance
- smoke emitted from premises as to be prejudicial to health or a nuisance
- fumes or gases emitted from premises as to be prejudicial to health or a nuisance
- any dust, steam, smell or other effluvia arising on industrial, trade, or business premises and being prejudicial to health or a nuisance
- any accumulation or deposit which is prejudicial to health or a nuisance
- any animal kept in such a place or manner as to be prejudicial to health or a nuisance
- any insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance
- artificial light emitted from premises so as t be prejudicial to health or a nuisance
- noise emitted from premises so as to be prejudicial to health or a nuisance
- noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in the street.
Any other matter declared by any enactment to be a statutory nuisance; and includes:
- any well, tank, cistern, or water-butt used for the supply of water for domestic purposes which is so placed, constructed or kept as to render the water therein liable to contamination prejudicial to health, shall be a statutory nuisance (Public Health Act 1936, s 141).
- any pond, pool, ditch, gutter or watercourse which is so foul or in such a state as to be prejudicial to health or a nuisance (Public Health Act 1936, s259).
- any part of a watercourse, not being a part ordinarily navigated by vessels employed in the carriage of goods by water, which is so choked or silted up as to obstruct or impede the proper flow of water and thereby to cause a nuisance, or give rise to conditions prejudicial to health (Public Health Act 1936, s259).
- tents, vans and sheds and similar structures used for human habitation if they are in such a state or so overcrowded as to be prejudicial to health of the inmates; if their use causes, on or off the site, a nuisance or conditions prejudicial to health because of the absence of proper sanitary facilities or other reasons (Public Health Act 13936, s 268).
A statutory nuisance abatement notice is a formal notice issued by a local council when it is satisfied that a statutory nuisance exists, has occurred, or is likely to occur under the Environmental Protection Act 1990. The notice requires the person responsible to stop the nuisance, prevent it recurring, or carry out specified works to reduce its impact. It can also restrict the activity to certain times or set deadlines for compliance. Abatement notices are legally enforceable, and failure to comply is a criminal offence
The community remedy gives victims a say in the out‑of‑court sanctions used for standard and less severe anti‑social behaviour, helping ensure responses reflect community expectations.
CPNs can be issued to individuals or businesses whose behaviour has a negative impact on the community’s quality of life. They require the behaviour to stop or remedial action to be taken. When considering issuing a CPN, we must first issue a written warning to the individual and this is called a community protection warning (CPW).
A civil injunction is a preventative court order used to stop individuals engaging in behaviour that causes harassment, alarm, distress, nuisance, or annoyance. It can be applied quickly to prevent escalation and may include positive requirements to address underlying causes.
A CBO is issued following a criminal conviction, a CBO aims to tackle persistent offenders by imposing prohibitions and, where needed, positive requirements to change behaviour. Breach of a CBO is a criminal offence.
Closure powers enable councils or police to quickly close premises linked to nuisance or disorder. Premises may initially be closed for up to 48 hours, with courts able to extend this to six months.
It is possible to use partial closure powers so that only named individuals can be at a premises.
This mechanism allows victims who have reported repeated ASB to request a multi‑agency review of the case if they believe the response so far has been inadequate.
FPNs allow an offender to accept responsibility for the offence they have committed, without having to go to court. A test is carried out for each individual case to determine what action is in the best interest of the public to pursue. For serious offences such as large fly tips, it is likely to be determined to be in the public interest to prosecute.
Other enforcement actions are also available in the form of seizure of equipment (for example where noise nuisance is occurring and likely to recur) as well as Simple Cautions (previously called Formal Cautions) where the offender is given the opportunity to accept liability for the offence with no further action taken. A Simple Caution is kept on file and can be used to support further action if additional offences are subsequently committed by the same individual.
TAKING YOUR OWN ACTION UNDER SECTION 82 ENVIRONMENTAL PROTECTION ACT 1990
If the council has determined it is unable to act in respect of a nuisance complaint, or you do not wish to involve the local authority, you can, if you are an occupier of premises affected by a ‘Statutory Nuisance’, complain directly to the Magistrates’ Court under section 82 of the Environmental Protection Act 1990. The Magistrates will need to be persuaded that the problem about which you are complaining amounts to a statutory nuisance. It is therefore important that you keep a written record of the dates, times and duration of the problem, a description of its nature and the extent of the nuisance it causes you in the reasonable use and enjoyment of your premises.
Before complaining to the Magistrates, it would be advisable if you can try and resolve the problem informally by writing to the person(s) responsible for it. State to them that you consider they are causing a nuisance and that unless they stop or satisfactorily reduce the activity causing the nuisance, then you will have little choice but to take your complaint to the Magistrates’ Court. Make sure your letter is dated and you keep a copy. Although the law doesn’t require you to do this, it is likely to help your case if you can prove you have acted in a reasonable manner and have given the person(s) responsible for the problem an opportunity to resolve the situation before resorting to legal action.
If there is still no improvement, the next step is to contact the Clerk of the Court. Tell the Clerk you wish to make a complaint under section 82 of the Environmental Protection Act 1990. The Clerk will probably make an appointment for you and will be able to explain the procedure. You will be asked to produce evidence as described above to show the Magistrates you have an arguable case. If it is determined you have an arguable case, a summons will be issued and served on the person(s) allegedly responsible for the problem, stating the time, date and location for the court hearing. The person accused will have the opportunity to attend court and defend themselves and make their case.
You do not need to have a solicitor to represent you at the hearing, although you may wish to do so. If you present your own case, the Clerk of the Court will provide you with the necessary advice and guidance. You can contact the local Citizens Advice Bureau which may be able to assist you.
If the Magistrates’ Court decide in your favour, the court will make an ‘Abatement Order’ requiring the person(s) responsible to abate the nuisance and specifying any measures it considers necessary to achieve this. The order may also prohibit of restrict a recurrence of the nuisance and again may specify how this is to be done.
A person who without reasonable excuse contravenes any requirement of such an order is guilty of an offence and can receive a fine which is currently unlimited. You should therefore continue to keep a record of the occurrences of when you are affected in case the order is being ignored, and it becomes necessary to return to court.
Useful contacts:
- Citizens Advice Bureau https://www.citizensadvice.org.uk/
- Norwich Magistrates Court: Bishopgate, Norwich, Norfolk, NR3 1UP
Telephone Enquiries: 01603 67950
Email: norwich.court@hmcts.gsi.gov.uk