Local Government (Planning and Development) Act, 1963

Noise and vibration.

51.—(1) A person shall not—

(a) in any public place or in connection with any premises which adjoins any public place and to which the public are admitted, or

(b) upon any other premises,


(i) by operating, or causing or suffering to be operated any wireless, loudspeaker, television, gramophone, amplifier, or similar instrument, or any machine or other appliance, or

(ii) by any other means,

make or cause to be made, any noise or vibration which is so loud, so continuous or so repeated or of such duration or pitch or at such times as to give reasonable cause for annoyance to persons in any premises in the neighbourhood or to persons lawfully using any public place.

(2) Paragraph (a) of subsection (1) of this section shall not apply to any public meeting.

(3) Proceedings shall not be taken against any person for any offence under this section in respect of premises referred to in paragraph (b) of subsection (1) of this section unless the annoyance is continued after the expiration of seven days from the date of the service on such person of a notice alleging annoyance, signed by not less than three persons residing or carrying on a business within the area in which the noise is heard or the vibration is felt.

(4) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.

(5) Nothing in this section shall apply to noise or vibration caused—

(a) by aircraft, or

(b) by any statutory undertakers in the exercise of powers conferred on them by any statute or order or other instrument made under statute.

(6) In proceedings brought by virtue of this section in respect of noise or vibration caused in the course of a trade or business or in performing any statutory functions, it shall be a good defence for the defendant to prove that the best practicable means have been used for preventing, and for counteracting the effect of, the noise or vibration.