Landlord receives derisory fine
Tuesday May 17, 2011
A court’s decision to fine a shop owner the measly sum of £85 has been criticised for ‘sending out completely the wrong message’ to businesses that flout noise and odour regulations.
Residents living above Delicate Dry Cleaners, 341 Fulham Palace Road, were forced to endure hours of loud noise and unpleasant smells emanating from the business.
Shop owner Mohammed Azeem was hit with a noise abatement order in March 2010 but he has failed to fully comply with it.
At West London Magistrates’ on Thursday, April 21, Azeem was found guilty of two counts of failing to comply with a noise abatement order. But to the disappointment of the council and those people forced to live through the noise and smell, he was only fined £85 for his misdemeanours.
A man who lives with his wife directly above the shop said: “The £85 fine is absolutely derisory. When we moved into this flat three and a half years ago it was our pride and joy. Now we hate it. We cannot put it on the market because no-one would buy it. The noise has been going on for about 18 months and it has been horrendous.
“On Saturdays when we are at home, we have to stay in our bedroom because it is too noisy to be in the living room. In the summer we cannot open our windows. There are two machines that are particularly noisy and when his washing machine spins the couch vibrates and out ornaments shake. This noise occurs daily from 7am to 7.45pm. We are keen to start a family but we can’t bring up a child with this noise going on. I am an acoustic engineer and have even offered to put a new ceiling in for free but Azeem refuses to listen to me. This has been going on six days a week for 18 months.”
Cllr Greg Smith, cabinet member for residents’ services, said: “The level of fine here is insulting to the residents who are unfortunate enough to live above Azeem’s shop. The Magistrates’ decision sends out completely the wrong message to businesses that break the law regarding noise and smell emissions. Residents have the right to live in peace but it is up to the courts to impose fines of an appropriate value. Clearly that has not happened here.”
In mitigation, Azeem told the court stated that he had made a number of improvements to the flats to lessen the effects of the noise and smell.
Azeem was also ordered to pay £1,000 in compensation and £500 costs.
