Benfleet man prosecuted after neighbours suffer months of loud ‘distasteful’ music

A Benfleet man has been successfully prosecuted after repeatedly disturbing his neighbours with loud, late-night music, despite being officially ordered to stop by the council.

Castle Point Borough Council’s Environmental Health team received numerous complaints and launched an investigation. Officers discovered the resident was regularly playing music at disruptive volumes, particularly during the night, seriously affecting his neighbours’ ability to relax and sleep.

An abatement notice was issued under the Environmental Protection Act 1990, requiring him to cease the noise nuisance. When he failed to comply, the council, with support from local police, obtained a warrant to enter his home and seize equipment thought to be responsible, including speakers and amplifiers.

On 17 April 2025, the case was heard at Southend Magistrates’ Court. The man pleaded not guilty but was convicted on all charges. He was fined, ordered to pay a victim surcharge and costs towards the council’s legal expenses. He will also have a criminal record for six months. The seized equipment will be destroyed following a court-issued deprivation order.

Councillor Michael Fuller, Portfolio Holder for the Environment at Castle Point Borough Council, commented:
“This case highlights the importance of respecting the rights of residents to enjoy peace and quiet in their own homes. Castle Point Borough Council remains committed to addressing nuisance behaviour swiftly and effectively.”

What to do if you are suffering from noisy neighbours

If you are dealing with excessive noise from neighbours, here’s what you should do:

• Speak to them first: If it feels safe, try having a calm conversation to explain the problem. Sometimes people are unaware they’re causing a disturbance.
• Report it to the council: If the issue continues, make a report to your local council online.
• Gather evidence: Keep a diary of when the noise happens, how long it lasts and how it affects you. This will help officers assess the situation.
• Council action: If the noise is found to be a statutory nuisance, the council can serve legal notices, seize equipment, and prosecute if necessary.

Types of noise that can be investigated include loud music, persistent DIY work at unreasonable hours, building alarms, barking dogs, and noisy machinery. Everyday household sounds, like footsteps or occasional voices, are unlikely to be classed as a statutory nuisance unless particularly extreme.