West Kirby restaurant prosecuted for noise nuisance

The owners of a West Kirby restaurant have been prosecuted by Wirral Council after falling foul of legislation covering noise nuisance. 

625 Ltd, which operates Restaurant 625 on Banks Road in the town, failed to comply with an initial abatement notice served by Environmental Health officers requiring them to address issues being caused by a large extraction flue attached to the rear of the property.  

The noise was affecting the family who live in the maisonette above the restaurant, who asked the council to investigate. 

After monitoring at the property, officers deemed that there was a statutory nuisance due to noise emanating from the extraction system, affecting the dining room and upstairs rear child’s bedroom. 

The notice was issued and, although officers extended the time allowed for the problem to be addressed, 625 Ltd failed to act; leading the council to begin legal proceedings against them under Section 79 of the Environmental Protection Act 1990.  

At Liverpool Magistrates Court on Thursday 12 October 2023, the two Directors of 625 Ltd were fined £400 for each of the three summonses that they had pleaded guilty to on behalf of the Company totalling £1200. 

In addition, the District Judge also directed that the Company pay a Victim Surcharge of £640, plus a payment contribution towards the Council’s costs of investigating and prosecuting in the sum of £8,000.

The District Judge further directed that repayment of the total financial penalty of £9,840 be made over a two-year period at the rate of £410 a month, with first payment to be made within 28 days.

Cllr Liz Grey, Chair of the Environment, Climate Emergency and Transport Committee, said, “Prosecution is always a last resort in cases such as this as no-one wants to see a local business hit a financial penalty. However, officers have a duty to investigate any reports that claim the operation of a business is impacting negatively on a neighbour’s quality of life. 

“In this instance, the noise nuisance was proven and the business served with a notice giving them time and advice on how to put things right. Unfortunately, they failed to act in line with the terms of the abatement notice and officers had no option but to take further action through the court. 

“This was good work by the Environmental Health team and proof that the council will always use its regulatory powers to support and protect residents who are negatively impacted by the actions of others.”

Image: Wirral Council

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