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European Court of Human Rights Rules on Noise Pollution Case

A local authority's failure to control noise pollution emanating from a bar can result in a breach of human rights.

For a long time now publicans have accepted the fact that the job of policing and regulating noise control in their areas falls to the local authority.  However, a recent a recent ruling from the European Court of Human Rights (ECtHR) could possibly make local authorities be far more wary of their responsibilities which may possibly lead to stricter control mechanisms and regulations being imposed.

The facts of the case involved an applicant who lived in Rijeka which is the principal seaport of Croatia. The applicant lived in part of a house, the other part of which was occupied by a bar which was open from 7am to midnight every day. The applicant complained on a regular basis to the Sanitary Inspectorate about the excessive noise coming from the bar and provided several independent measurements that confirmed that the noise being experienced was excessive.

As the situation was not remedied by the Sanitary Inspectorate an application was made to the ECtHR claiming that the applicants Article 8 rights under the European Convention on Human Rights to "Respect for Private and Family Life" and more particularly her right to respect for her home had been breached by the noise pollution coming from the bar.

The ECtHR held that, although there was not an explicit right under the Convention to a quiet environment, authorities may still be required to adopt measures to protect a person's private life even where the issue in question is between individuals.

The ECtHR also criticized the Sanitary Inspectorate for the amount of time that it had taken to remedy the situation that had resulted in the applicant having to endure the unacceptable noise pollution for nearly eight years.

This case is not an unique ruling from the ECtHR as it follows the lines of a previous ruling where the noise pollution was coming from a night club where it was held (again against a Croatian institution) that the applicants Article 8 rights had been breached as Croatia had failed to discharge its obligation to protect them.

In the midst of the current economic recession the cost of making an application to the ECtHR will deter most aggrieved parties from making applications but when noise pollution affect peoples homes economic restrictions can be cast aside. As any application made in the vein of this case would not be directly against an individual publican then the case is not of any direct concern, However, the fact that local authorities will most likely have heard of this case and be on notice of the ramifications should they be called to account under Article 8 may mean that they become more stringent and act more quickly in their approach to tackling noise pollution coming from pubs.

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Author: Taf Ali

Published: Publican, July 2010: Legal Property Feature by Colman Coyle

Date: July 2010