The owner of a terraced house in a residential road in Dartford has been given a three year Criminal Behaviour Order from Dartford Borough Council at a recent hearing at Medway Magistrates’ Court. Despite multiple warnings and action taken by the Council to curb his behaviour and protect the local neighbours, the individual had continued to cause noise disturbances and behave antisocially.

Following numerous complaints from neighbours and a local primary school about loud music being played day and night, the Council obtained a Warrant in August 2019 to attend the address accompanied by Kent Police, where offending noise equipment was seized.

Prior to this, the resident had ignored Council visits, verbal warnings, written warnings including Community Protection Warnings and Notices, as well as a Fixed Penalty Notice handed to him by the Council.

In addition to the Warrant, the Council applied to the County Court for a Civil Injunction and on the date it was heard, the offending resident attended court and agreed to sign a two year Undertaking to not to disturb his neighbours – to expire August 2021.

However, despite seizure of equipment and the Undertaking, the resident persisted with antisocial behaviour and regular disturbance to his neighbours, with noise disruption and noxious fumes emanating from the property.

Dartford Borough Council applied to Medway Magistrates’ Court for breach of conditions, and the case was finally heard on 4 January 2021 (due to Covid-19 restrictions causing court delays). In the defendant’s absence, the individual was convicted of four breaches of the Community Protection Notice and given fines totalling in excess of £9,000.

At the same time, the Council made an application to the court for a Criminal Behaviour Order (CBO), meaning that any future reports of disturbance or antisocial behaviour by the individual would be deemed a criminal offence and could lead to arrest. This took into account that the behaviour had not stopped and the Undertaking would be due to lapse in August 2021.

After the seizure of equipment and the signed Undertaking in August 2019, the Court requested that Dartford Borough Council gather evidence to support the allegations of continued antisocial behaviour, which was presented at the hearing in February 2021.

The application was heard by the Court and the CBO granted. It will remain in place for 3 years, giving much needed respite to current and future residents living in St Albans Road. Should the individual ever change residency, a further condition of the CBO is that they must inform the Council of their new address.

Leader of the Council, Jeremy Kite said, “Dartford Borough Council has been dealing with an individual in relation to persistent noise nuisance for some time. His behaviour was having a detrimental effect on the community, and I am very pleased that residents living in St Albans Road can now have some peace and quiet. This an excellent outcome, and the result of perseverance and joint working across council departments and Kent Police.”