City of York Council officers recently secured a noise nuisance conviction against a local man whose loud music made his neighbours' lives a misery.

York Magistrates found Mark Caple of Fossway guilty of causing noise nuisance to his neighbours and gave him a 12-month conditional discharge, as well as ordering him to pay costs of £100 to the council.

The court heard that, on 26 July 2006, the council’s environmental protection unit (EPU) received a complaint about ‘loud music’ and ‘banging noises’ from Mark Caple’s flat.  Following a further complaint in August of last year, sound recording equipment was installed in a neighbour’s property to monitor noise levels. This confirmed that the loud music and banging noises amounted to noise nuisance and a noise abatement notice was served on Mr Caple on 18 August 2006.

On Monday 6 November at 4.52am, ‘loud music’ and ‘thumping sounds’ were recorded coming from Mr Caple’s flat. This was a breach of the noise abatement notice and an offence under the Environmental Protection Act 1990. On Saturday 18 November, the police were called to the Mr Caple’s home at 4am as a result of noise coming from the property. At 5.45am that morning a police officer confirmed that he could hear the sound of a stereo system coming from the Mr Caple’s home. Finally, on Monday 26 November, between 2.42am and 4.10am, the sound recording equipment recorded ‘frequent loud thumps’ and ‘loud amplified music’, which was a further breach of the noise abatement notice.

On 6 December 2006, officers seized CD players, speakers and compact discs from Mr Caple’s property.

Mike Southcombe, environmental protection manager for the council, said: "The on-going noise nuisance generated by Mr Caple was a form of anti-social behaviour and  made life a misery for people living nearby. I hope this conviction sends out a clear warning to people that we will take action against those who cause a nuisance to their neighbours."