Bright Eyes gives neighbours a hellish experience

Posted On 20 May 2010 at 11:18 am

A ‘hellish experience’ was how a Brighton resident described hearing Art Garfunkel’s Bright Eyes played at full volume in the early hours of the morning.

Neighbours of Colin Dibley endured months of sleepless nights, kept awake with loud music, shouting, screaming, banging and swearing.

With songs ranging from Abba to the Rolling Stones, residents of Penshurst Place reported music being played until 4am or 5am.

They also complained of dogs barking, noisy video games and one neighbour said he could clearly hear whole episodes of Dr Who through the walls. When neighbours asked him to turn the noise down, he deliberately turned it up.

At Brighton Magistrates Court on Tuesday, Dibley pleaded guilty to a charge of failing to comply with a noise abatement notice. He was fined £167, ordered to pay £750 costs and £15 victim surcharge.

Len Batten, prosecuting on behalf of Brighton and Hove City Council, said that noise enforcement officers had been called out several times to witness loud music and noise coming from Dibley’s flat

During one visit they spoke to Dibley and agreed an acceptable level of volume to play music, but this was short lived.

Eventually Dibley was issued with a noise abatement notice, but on March 5 residents reported hearing ‘Bright Eyes’ being played at full volume. The music was so loud that neighbours had to leave their premises and use a nearby pay phone to complain to the council’s environmental health team. The noise continued until 5am the following morning.

Council officers said the music was accompanied by loud shouting, swearing, screaming and banging.

Councillor Geoffrey Theobald, cabinet member for environment said: “These residents have clearly been subjected to unacceptable levels of noise which has had a serious effect on their quality of life and wellbeing.

We are pleased that our environmental health officers have been able to work with the victims to gather the evidence and to bring the matter before the courts.

“This sends out a clear message that this council is committed to promoting public safety. We will not tolerate noise nuisance of any kind and will not hesitate to track down and prosecute those responsible.”

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