Scenario

Fictitious Playing Loud Music in Public Places Act 2016 Offences.

S. 1(1) It is an offence for a person-

(a) to play amplified music in a public place between the hours of 12.00am and 9.00am

(b) to play loud music above the permitted level in a residential area at any time

S.2 A person found guilty of an offence under (a) (b) or (c) above shall be liable

(a)on summary conviction, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding three months, or to both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

Definitions

S.56

‘Public place'recreational parks, shopping centres, high streets, civic buildings

‘residential area' such residential area as comprises at least 10 residences

‘Permitted level'The permitted noise level using A-weighted decibels (the unit in which environmental noise is usually measured) is:

• 34 dBA (decibels adjusted) if the underlying level of noise is no more than 24 dBA

• 10 dBA above the underlying level of noise if this is more than 24 dBA
 
Tina was travelling on the underground at 12.00am. She was playing music through her mobile phone with her headphones on. The person sitting next to her complained that the music was so loud, it gave her a headache. She asked Tina to turn it down. Tina refused.

The next day, after she finished work at about 5.00pm, Tina went to her bedroom and turned on her television. She was watching the programme ‘Dance DanceDance' on the TV. Her windows were open and the volume was on maximum. She went downstairs to make something to eat and turned the TV on downstairs too. She opened the back doors and went into the garden.

Her neighbour, Alfred, tried to get Tina's attention over the garden fence to complain about the noise. Tina did not hear Alfred at first but then she saw him and went over to him. He asked Tina to turn down the TV volume, as he claimed it made his floors rattle and the vibrations were so strong that his cup of tea fell off the table. Tina refused to turn down the volume on her TV.

Later that evening, at about 8.00pm, Tina drove to her friend's house along the A414. She was playing loud music in her car. As she stopped at traffic lights, someone in the car next to her shouted out of their window that Tina's music was too loud and she should turn it down. Tina ignored them and continued playing her music.

Rudolf is arranging a live music event at the ‘Factory Warehouse' in Aldham. The Factory Warehouse is on an industrial estate. The event will run from 11.00pm to 3.00am and he is expecting a large number of people. Entry is by ticket only. Live and recorded music is played at the event. At 1.30am, Esther who is a security guard at Pronto Storehouse, is walking around the site, which is adjacent to the Factory Warehouse. She complains to Rudolf that the music is too loud and asks him to turn it down. Rudolf refuses.

Question

Applying the rules of statutory interpretation, including the use of intrinsic and extrinsic aids, advise Tina and Rudolf whether a court is likely to find either or both of them liable for an offence under the Fictitious Playing Loud Music in Public Places Act 2016.

Word Limit: 2,000 words excluding footnotes and bibliography.