Pat Carey (Dublin North West, Fianna Fail)
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Question 426: To ask the Minister for Justice, Equality and Law Reform the measures open to residents and to local authorities to address the prevalence of noise from late opening licensed premises in urban residential areas; and if he will make a statement on the matter. [8150/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The legislation on noise pollution is a matter for my colleague the Minister for Environment, Heritage and Local Government. His Department issued a leaflet entitled A Guide to the Noise Regulations, which outlines the steps which can be taken where a person experiences nuisance caused by noise.

This is primarily a civil matter and, as such, is outside the remit of the Garda Síochána. However, when gardaí receive a complaint about neighbours causing noise, they can request them to lower the noise levels. The Garda powers in this regard relate to ensuring that a breach of the peace does not occur. Complainants may also be advised by the Garda of their civil entitlements under section 108 of the Environmental Protection Agency Act 1992.

The Environmental Protection Agency Act 1992 was enacted to make further and better provision for the protection of the environment and the control of pollution and to establish the Environmental Protection Agency. A local authority, the agency or any person may complain to the District Court regarding any noise which is so loud, continuous, repeated and of such duration or pitch or occurring at such a time, as to give reasonable cause for annoyance. The court may order the person or body making the noise to take the measures necessary to reduce the noise to a specified level or to take measures to limit or prevent the noise.

An authorised person shall, for any purpose connected with the Act be entitled, at all reasonable times, to enter any premises and to bring therein such other persons, including members of the Garda Síochána. An offence under the Act may be prosecuted summarily by the Environmental Protection Agency. Section 11 of the Intoxicating Liquor Act 2003, which substituted a new section for section 5 of the Intoxicating Liquor Act 1927, provides that the District Court may grant a special exemption order which permits the sale and consumption of intoxicating liquor on a specified occasion after normal closing time.

Special exemption orders are granted on a case-by-case basis by the District Court and this means that an application must be made to the court by the licensee in respect of each occasion for which such an order is sought. The officer in charge of the Garda Síochána for the relevant licensing area must be given at least 48 hours' notice of an application for a special exemption order. Among the grounds on which objections to the granting of such orders may be made include undue inconvenience or nuisance to persons residing in the locality or an undue risk to public order in the locality.

Provision is made for a local authority role in determining the duration of special exemption orders in its administrative area. A local authority may adopt a resolution concerning the expiry times of special exemption orders in respect of the whole or a specified part of its administrative area. The District Court is required to have regard to any such resolution before making a special exemption order on foot of any application by a licensee.