Derbyshire pub owner prosecuted over 'noisy' pizza trailer
The owner of a Peak District pub and restaurant has been prosecuted after failing to control the noise created by a pizza trailer in the venue’s car park.
Lee Burgin, of the Old Eyre Arms, Hassop, was ordered to pay a total of £2,660.70 in fines and costs after the case was heard in his absence at Chesterfield magistrates’ court.
The court heard Mr Burgin was warned by Derbyshire Dales District Council to reduce the noise from a generator used to power lighting associated with a pizza trailer operated in the pub car park.
Council chiefs said the generator was causing a noise nuisance, with levels in excess of 50 dB(A) at nearby residents’ homes.
However, Mr Burgin has received support from some on social media.
Andy Tait posted in response to the council: “50db is less noise than a domestic appliance or a human conversation.
"The action you took was excessive and disproportionate to the issue. At 50db it’s unlikely anybody in a surrounding residence would even be able to hear it.”
Heather Birds said: “Oh that seems such a shame when someone is trying hard to run a business through these very difficult times.
"Generators are pricey items to buy and replace.”
Council officers say they were clear they did not want Mr Burgin to stop running his pizza trailer, just to reduce the noise associated with the generator.
However, the court heard Mr Burgin did not take this advice and complaints continued to be received by the council, prompting a noise abatement notice to be served.
This required Mr Burgin to abate the noise – not cease the business – within seven days.
After Mr Burgin ‘took no remedial action to comply with the notice’, the environmental health team was granted a warrant to seize the generator on Wednesday, June 16, with assistance from police.
A council spokesperson said after the hearing: "The good news is that a noise problem has eventually been resolved in court, but we would much rather have reached an amicable agreement with Mr Burgin at an earlier stage.
"Had Mr Burgin listened to and acted on our advice in the first instance there would have been no need to go down a formal enforcement route."