Preston Magistrates Court building

02 October 2019

Preston City Council has successfully prosecuted a local food business for non-compliance with a noise abatement notice.

A complaint to environmental health concerning excessive noise from the mechanical extract ventilation system, fridge motor and catering activities at restaurant / takeaway, 'Mughlai' located at East View, Preston, resulted in an investigation by a senior environmental health officer.

A noise abatement notice served in July 2018 on Talhaview Limited sought to reduce the level of noise that the neighbour suffered. This notice was not complied with, even after numerous reminders and a false promise of compliance after the expiry of that notice.

The business was also subsequently warned that a prosecution was imminent due to non-compliance, and a court date was set for Wednesday 25 September 2019, to which the business failed to attend.

As a result, Talhaview Limited was convicted in absence of four offences and was ordered to pay a £16,000 fine.

The offences were due to the company's failure to reduce the noise from the mechanical extract system, this being confirmed by the use of noise monitoring equipment.

The company was ordered to pay £1,916.36 prosecution costs and £180 victims surcharge. In total, £18,096.36 is to be paid within 28 days.

Councillor Peter Moss, Deputy Leader and Cabinet member for planning and regulation, said,

"I am pleased with the outcome of this prosecution. It sends a clear message to the business community to always be considerate of their neighbours, and that their actions can affect those around them in many different ways; in this case it was excessive noise."

Background information

  • The business is currently closed and the premises up for rent.

Media Enquiries, Angela Sinclair, Communications Officer, (01772) 906476.