Nightclub gives residents sleepless nights
MIDRAND - A resident, whose name and address is known to Midrand Reporter, has complained about a nightclub next to her home that keeps residents awake on weekends.
She said, “Someone has opened up a nightclub, which used to be a sports bar a couple of years ago. The music is so loud on weekends and only stops at around 5am on Saturday and around the same time on Sundays.”
As it is a residential area, she is concerned that residents have to put up with sleepless nights every weekend.
City of Johannesburg spokesperson Nkosinathi Nkabinde said, “The complaint about that particular nightclub has been logged and it will be investigated.”
According to the City of Joburg’s Noise Control Regulations of Gauteng 1999 (Provincial Gazette, Extraordinary no 75 of August 1999) a noise nuisance is defined as “… any sound which disturbs or impairs or may disturb or impair the convenience or peace of any person.”
The regulations state that:
- The person, whose convenience or peace is disturbed or impaired by any noise, is therefore entitled to lodge a complaint with the Environmental Health Department, Pollution Control.
- If the person on whom the statutory notice has been served by the noise control officer, does not comply with the instructions set out in the notice and the noise nuisance continues, the investigating official must take the matter up with the Control State Prosecutor
- The only information the control State Prosecutor will have to evaluate whether the State will be able to successfully bring the matter to its conclusion in court, will be the sworn statement of the complainant who initiated the matter, and supplementary affidavits of subsequent recurrences after the statutory notice had been served
- Although the statutory notice served on the person causing the noise nuisance, or allowing it to be caused, is strongly worded and has, in most cases, the desired effect to resolve the matter, it remains the first step in instituting legal action. The complainant must, therefore, be prepared, once the process is set in motion by the issuing of the statutory notice, to avail him or herself as a State witness as he or she will be subpoenaed as such.
Details: To lodge a noise complaint, it must be in the form of a sworn statement (affidavit). For Region A noise pollution complaints, e-mail Danie Geldenhuys on danieg@joburg.org.za
How have you handled noisy incidents in your area? Tweet your views @MidrandReporter
