Ceredigion man prosecuted a second time for noise nuisance caused by his cockerels
A Betws Ifan man has been prosecuted and fined for a second time for failing to comply with the requirements of a noise abatement notice served on him relating to night-time cockerel noise keeping his neighbours awake.
Christoper Wise, of Llainweddfa, Betws Ifan, Newcastle Emlyn, SA38 9QL pleaded guilty to continuing to breach the notice, served under section 80 of The Environmental Protection Act 1990 by the Public Protection department of Ceredigion County Council in 2020.
Mr Wise repeatedly ignored guidance given to him from officers which included relocating the birds away from the boundary with neighbouring properties and ensuring that the birds were housed within suitable outbuildings that would prevent the escape of noise. Mr Wise was also given advice to reduce the number of cockerels on site.
Despite already being prosecuted for the same offence in May 2024, findings from early hours visits conducted by officers from within the Public Protection department confirmed that cockerel noise was still audible within the bedrooms of neighbouring properties during night-time hours at levels sufficient to cause sleep disturbance.The requirements of the Abatement Notice were therefore still being breached.
Mr Wise also pleaded guilty of breaching a Community Protection Notice (CPN). The CPN was served in relation to his failure to repair the boundary fence of his land which was enabling some of his approximately 40 goats to periodically stray on to the land of his neighbours, leading to faecal deposits and damaging of garden plants. They were also periodically straying onto the public road causing a hazard to traffic.
Mr Wise must now pay total costs of £2,140, consisting of a fine of £1200 and £150 for the ongoing breaches of the Abatement notice and Community Protection Notice respectively, £250 for legal costs incurred by the Local Authority and a £540 court surcharge.
A Criminal Behaviour Order (CBO) has also been served upon him by the court upon application of the local authority. The CBO requires he must complete relevant works to address the ongoing nuisances within 12 weeks. Failure to comply with this would be a criminal offence.
Upon sentencing, Mr Wise was warned that he must take the CBO seriously and ensure that he complies within the set time limit as a breach of a CBO does carry the potential of a custodial sentence. It was also outlined to him that a prohibition on his right to keep livestock had been considered as a CBO condition, but that the court wanted to give him a last chance to deal with the matter.
Councillor Matthew Vaux, Ceredigion Cabinet Member responsible for Public Protection, said: “This case highlights that every person keeping animals must carefully consider the impact on their near neighbours – the regular loss of sleep caused by this issue caused significant harm to those affected. The repeated straying of the herd of goats also caused damage and danger to traffic. The Public Protection Officers provided significant advice and guidance; however this was not followed meaning it was necessary to bring this case to the Magistrates Court who recognised the seriousness of the issue.”