Clause 45 - Closure of noisy premises
Anti-social Behaviour Bill
3:15 pm
Mr Matthew Green (Ludlow, Liberal Democrat)
The amendments are related. They are intended to make this part of the Bill more effective. The Local Government Association suggested them, arguing that
''The word 'public' should be removed as it is an inaccurate reference. Most 'nuisances' particularly in regard to noise are classified in law as 'private' rather than 'public' nuisances. For a nuisance to be public there has to be other issues in addition to noise involved such as rubbish, odour etc.''
The LGA stated:
''The use of the word 'public' effectively cancels out the new powers granted by the clause to local authorities as most noise nuisances are private. As a result these powers would most likely be infrequently used and thus not tackling the real issue. Removing the word public will give local authorities clear powers to make a closure order in relation to premises where both private and public nuisance is being caused.''
Perhaps the Minister will tell me that that is nonsense and that the problem does not exist. However, on the assumption that we are trying to make this part of the Bill work, I hope that he will consider the amendments.