gloucestershire-county-court

A family from Gloucester have been found fined for breaching a civil injunction and banned from entering Barton and Tredworth for the next six months.

Gloucester City Council attended Gloucester County Court on the 3rd November 2016 to prove that Mr. Julius Gazi and Ms. Bohumila Karchnakova of 56 Salisbury Road, Gloucester were in breach of a civil injunction obtained from the Youth Court on the 28th January 2016.

The couple, who did not attend the hearing, were found guilty of breaching the injunction on several occasions. The initial civil injunction had been in place since 29th January 2016.

Officers from Gloucester City Council gave evidence to the judge to support the hearing. It included several separate instances in August and September, where the family played loud music and argued during the night. The families’ behaviour caused local neighbours stress and anxiety.

The judge approved the council’s application in the defendant’s absence as they did not attend the hearing.

They were however summoned to appear at Gloucester County Court for sentencing on Friday 2 December 2016. During sentencing, the judge took the view that even with the families limitations of the workings of the legal system, the fact was that family had been warned verbally, they had received noise abatement notices, they had received cautions, they had been convicted twice in the other courts for noise nuisance, and yet they were still found in this position.

Despite all this, they had not heeded previous warnings to modify their behaviour and therefore a financial penalty imposed.

The judge took into account that the family had moved to Wolverhampton in November so the neighbours no longer had to put up with their disturbances. He also took into account that there are five children and Mr Gazi was the only person with an income in the family.

The judge made the following orders: –

  1. Each defendant be fined a sum of £300
  2. Each defendant will pay Gloucester City Council legal costs of £200 making a total financial penalty of £500 each
  3. The defendants are to pay £23 each per week to the court with the first payment on the 12th December 2016

Despite the family moving to Wolverhampton, the council were successful in applying for a prohibition that prevents the defendants from entering or being in Barton and Tredworth, Gloucester at any time for a period of six months, ending at 12pm on the 2nd June 2017.

Cllr Jennie Watkins, cabinet member for communities and neighbourhoods at Gloucester City Council, said: “We have to protect residents of Gloucester. It is always our goal to help people, and when we receive noise complaints, we usually work with people to try and sort this out before it has to go to court.

“Unfortunately in this case, despite countless warnings and support, we’ve had to go down this route. I hope this will remind other to be respectful of their local community and neighbours.”

For more information on how to deal with noise issues, including how to make a complaint, please visit http://www.gloucester.gov.uk/resident/pests-pollution-and-food-hygiene/pollution/Pages/Make-a-complaint-about-noise.aspx, or phone 01452 396396.

Gloucester News Centre – http://gloucesternewscentre.co.uk

Noisy neighbour fined for breaching civil injunction by Shaun Moore | Gloucester News Centre - http://gloucesternewscentre.co.uk/