News Criminal Regulatory 20th Aug 2021

Noise Abatement Notice quashed on appeal: Michael Rawlinson appearing

Michael Rawlinson has successfully appealed a Noise Abatement Notice on behalf of a commercial premises based in North Hertfordshire.

Following a contested two-day hearing, and extensive written and oral submissions, the District Judge accepted characterisation of the notice as “premature” and also criticised North Hertfordshire Council for failing to meaningfully investigate the complaint at all before issuing the Notice.

In cross-examination of Council witnesses, Michael was able to establish a series of serious failures in the investigative process, including a failure by the Council to follow their own policy.

Despite being a public authority exercising a public function, given their conduct in the case and following arguments, the Council were also ordered to pay defence costs in the region of £17,000.

Michael was instructed by Marta Tomlinson of Kennedys Solicitors, and was assisted and attended throughout the case by Laura Bradford, also of Kennedys.

Michael is a member of Criminal Regulatory and Licensing Teams of 2 Hare Court and specialises in all types of Regulatory and Licensing proceedings.

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