Noisy Dogs

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Introduction

We receive a large number of complaints about barking and howling dogs.  Whilst we are happy to give advice to people who are troubled by noise from dogs, most complaints can and should be resolved between neighbours.  Our recommendation is that if you are affected by noise from a neighbour's dog, go and see the owner.  Three requests a few days apart may be sufficient to resolve the problem, but if they don't, we may be prepared to contact the owner, depending on the circumstances.  If, however, you are housebound or otherwise incapacitated to an extent which prevents you contacting the dog owner, we will obviously be prepared to intervene at the outset, but please read the rest of the information on this page first.

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When to Complain

Almost all dogs bark occasionally for a few moments, for example when being let out after a period indoors, when people approach the front door or sometimes when people walk past the house or garden.  This may be irritating, but think carefully before complaining about noise of this kind as there may be nothing an owner can do to secure an improvement.

On the other hand, dogs which bark or howl loudly and frequently for longer periods can cause great annoyance.  Incidents which occur early mornings, evenings or at night can be much more of a problem than at other times.  It is not unreasonable to complain to a neighbour about this sort of noise.

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How to Complain

If the barking or howling occurs to such an extent that you need to take action, there are a number of things which you can do:-

1. Keep a precise record of the dates, times and duration of the noise.  If there is more than one dog that barks in the neighbourhood, make sure that you have the right one.  This is a basic point, but mistakes have happened.
2. After jotting down this information for a few days, go and see the dog owner, preferably when the dog is barking or a short time afterwards.  The owner may not be aware that the dog has been causing such annoyance so be polite.  If you go round and give your neighbour a piece of your mind, you may provoke a similar response and that will not help in working out a solution.
   If for one reason or another you do not wish to meet the dog owner face to face, send him or her a polite letter explaining your problem.  Suggest it would be helpful to meet and discuss your complaint.  Don't forget to put your full name and address on the letter.  The worst thing you could do is to send an anonymous letter.
3. Keep a written record of who you have seen, what was discussed, any letters you write and any received.
4. If personal contact fails, write to the dog owner saying that unless the noise is reduced you will consider taking court action.

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Taking the Complaint Further

If the personal approach fails to overcome the noise nuisance, there are two options open to you, both of which could ultimately require your attendance at Court.

Formal Action by the Council

We may be able to deal with the matter on your behalf using the Environmental Protection Act 1990, but only if satisfied that the noise amounts to a "statutory nuisance".  Factors which are taken into account when determining whether a statutory nuisance exists include loudness, frequency and duration, as previously mentioned.  This is one reason why 1-4 are important.  If, however, the barking or howling occurs for a short duration, for example periods up to half an hour, it is most unlikely that an officer will arrive in time to hear the noise.  In such cases we cannot be of help.  Officers do not have sufficient time to visit on the off-chance that a dog will bark.

If a Council officer witnesses the noise and is satisfied that a nuisance has occurred, the owner will be contacted, advised of the nuisance and a remedy requested.  Possible solutions will be discussed.  A notice may be served requiring abatement of the noise within a particular period.

If this formal procedure is not successful and further noise is witnessed, the owner can be taken to Court, but this is only done as a last resort.  You will be required to sign a statement and attend the Magistrates Court as a witness.

Private Action

If you do not wish to involve the Council or the Council are unable to take action, you can complain direct to the Magistrates Court at Bohemia Road, Hastings, telephone 437644.  Your first point of contact will be a Clerk to the Justices who will make an appointment for you to see a Magistrate.  You will have to convince the Magistrate that the noise about which you are complaining amounts to a statutory nuisance, so it is important that you have kept proper records.

If the Magistrate decides that you have a case, a Summons will be served on the person considered responsible for the noise, giving the date and time the person should attend the Magistrates Court, Bohemia Road, Hastings, when the case will be heard.  You will have to attend to prove that the dog is causing a nuisance to you personally.  If you are successful the Court will make an Order requiring the person responsible to take steps to prevent a recurrence of the noise nuisance.  If that person contravenes an Order of the Court without reasonable excuse, he can be fined.  Therefore, it is important for you to keep your record going.

It is not essential for you to be represented by a solicitor when taking private action, but if you wish to obtain legal advice and do not have a solicitor, the Citizens Advice Bureau, 24 Cornwallis Terrace, Hastings, telephone 430400, keep a list of solicitors with whom you can consult for up to 30 minutes for a set fee.

If you are successful the Magistrate may award some or all of your costs.

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Contact Information

For further information on noisy dogs and animal nuisance, please contact Environmental Protection

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