Martin Heydon (Kildare South, Fine Gael)
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Question 353: To ask the Minister for the Environment, Community and Local Government the provisions in place to assists citizens dealing with exceptional noise and disturbance at night; if there is legislation planned to deal with this issue; and if he will make a statement on the matter. [13642/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Currently, a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet, A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available on my Department's website www.environ.ie.

In addition to the above, there are further measures to address noise from licensed premises provided for under Department of Justice and Equality legislation. Under Section 4 of the Courts (No.2) Act 1986, any person is entitled to object to the renewal of an intoxicating liquor licence at the annual Licensing Court. The objection to the renewal of the licence can be made on the grounds of the character of the licensee, or the peaceable and orderly manner in which the premises were conducted in the last year. With regard to an application for a special late-night exemption, the Intoxicating Liquor Act 2000 provides that a Court shall not grant a special late night exemption in respect of any premises unless it will not cause undue inconvenience to persons residing in the vicinity.

With regard to new legislation, the Programme for Government includes a commitment to take further steps to address noise pollution, inter alia, through the introduction of fixed payment notices (also known as "on-the-spot" fines) and provision for mediation procedures between neighbours. The development of new noise legislation by my Department will be considered in the context of this commitment: however, as indicated in the Government Legislation Programme published on 11 January 2012, it is not possible at this time to indicate when the legislation will be published, having regard to other priorities in the area concerned and the broader range of legislative priorities to be progressed across my Department's remit.