Public Health
Last updated | 21/06/2007
Your Council has a responsibility under the
Environmental Protection Act 1990 to deal with situations where there may be a risk to your health or a nuisance is is being caused which significantly affects your comfort. These are generally referred to as public health nuisances. The legislation defines which matters constitute a statutory nuisance as follows:-
a) Any premise in such a state as to be prejudicial to health or a nuisance;
b) Smoke emitted from premises so as to be prejudicial to health or a nuisance;
c) Fumes or gases emitted from premises so as to be prejudicial to health or a nuisance;
d) Any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance;
e) Any accumulation or deposit which is prejudicial to health or a nuisance;
f) Any animal kept in such a place or manner as to be prejudicial to health or a nuisance;
g) Noise emitted from premises so as to be prejudicial to health or a nuisance;
h) Any other matter declared by any enactment to be a statutory nuisance;
Frequently Asked Questions 1. Who would deal with my complaint?
2. Why are they involved?
3. What will happen if I report a nuisance?
4. What will the Officer want to know?
5. Will my name and address be given out?
6. What am I entitled to from Officers?
7. Who do I contact for further details?
Who Would Deal With My Complaint?
An Environmental Health Officer or Technical Officer who are specially trained staff whose purpose is the enforcement of Environmental Health Laws.
Why Are They Involved?
Public Health nuisances by there very nature may have an adverse effect on the health or cause a nuisance to individuals or a community. Environmental Health have power to take action against the person or persons causing a statutory nuisance.
What Will Happen If I Report a Nuisance?
When your complaint is received you will be contacted within 3 days to discuss the situation and advised of the action we we propose to take. In most circumstances you will be contacted earlier depending on the initial assessment of your complaint by an Officer.
What Will The Officer Want to Know?
The Officer will need information to determine whethrer it is a nuisance or not. If it is considered that immediate or early investigation is required then a visit will be made within 3 working days of your complaint. This is necessary as the Officer is required to confirm a statutory nuisance before formal action can be considered.
In some cases where the nuisance is intermittent you will receive a monitoring form and be asked to record all the events over a period of time. This is particularly the case with noise complaints and complaints of smell. Once we have received the completed form we should be able to determine the extent of your complaint and a decision will be taken whether or not to carry out further investigation.
If our investigations confirm the existence of a statutory nuisance the local authority has a duty to serve the appropriate notice on the offender to have the nuisance conditions removed or have the activity causing the nuisance abated or modified. However where there is a likelihood of having the nuisance dealt with informally we may initially write to the offender.
Sometimes it is necessary for complainants to give evidence in court. It is important that where formal action is to be taken you should be prepared to go to court. This is particularly the case where part of the evidence is the number of times an event occurs and this cannot always be confirmed by the Environmental Health Officer.
It is our experience that not all activities which cause annoyance to you will in the officers opinion constitute a statutory nuisance requiring formal action by the Council. In such circumstances you will be informed of the decision and you will be given advice about taking action yourself if you wish to do so.
Confidentiality
Your name and address will not be given to the person complained about without your permission. However you should be prepared to give us your name and address and you should also be aware that if the complaint is either dealt with by formal Notice or it ends in court action it will likely lead to the offender knowing who you are.
What Am I Entitled to From Officers? To be shown identification
A courteous and professional manner
Confirmation of the outcome of the investigation
How to Contact us If you have any queries, questions, or wish to report a fault or make a complaint about our service please call The Environment Service Helpline where one of our operators will be happy to assist you.
Telephone: 01738 476476 (Available Monday to Friday 08:45am to 5:00pm) or after hours leave a message and someone will phone you back.
Fax: 01738 475210
Email: ES@pkc.gov.uk or
Write to Environmental Health, The Environment Service, Pullar House, 35 Kinnoull Street, PERTH, PH1 5GD
