Statutory Nuisances

We investigate, assess, and address statutory nuisances including excessive noise, offensive odours, and environmental hazards that pose a risk to public health or impact quality of life. Our interventions are guided by legislation and a commitment to safeguarding wellbeing.

What is a Statutory nuisance?

The Environmental Agency is obliged to investigate complaints that may constitute a statutory nuisance. Our powers and responsibilities are defined by law, and we are bound by legal precedent in determining whether a reported issue meets the statutory threshold.

Gibraltar nightlife & statutory nuisances

A statutory nuisance is not simply anything that causes annoyance or inconvenience. The term has been shaped over time through case law, which provides an objective framework for assessment. In general, for a situation to be considered a statutory nuisance, it must:

Unreasonably and substantially interfere with the use or enjoyment of a home or other premises; or
Injure health or be likely to injure health

Our officers must apply these legal standards rather than subjective perceptions when evaluating complaints. As such, some matters that residents may find unpleasant or disruptive may not meet the legal criteria for formal action.

Forms of nuisance that we may investigate:

Noise from licensed establishments
Odours
Accumulations or deposits which are prejudicial to health or a nuisance
Animals or birds kept in a manner that are prejudicial to health
Premises that are prejudicial to health
Dust or effluvia caused by any trade, business, manufacture or process
Ventilation issues at places of work
Overcrowding
Dangerous structures
Insects
Drainage issues

This list is not exhaustive. For more information on what may be classed as a statutory nuisance, please read Section 81 of the Public Health Act 1950.

This gives details of the different types of nuisance, subject to evidence and the professional opinion of Environmental Health Officers.

Leisure Areas

Noise from premises located in specified Leisure Areas is dealt with differently. If the officer is satisfied that a noise nuisance exists from a premises located in a Leisure Area, the Chief Secretary as the licensing authority is informed. The licensing authority may then take the appropriate action they deem fit if it is found that the premises has breached the conditions of its Leisure Area licence.

The specified Leisure Areas at present are:

Eastern Beach
Eastern Beach Road
Ocean Village
Marina Bay
Kings Bastion Leisure Area
Casemates Square
Queensway Quay

More precise descriptions of the areas included can be found in the various items of legislation made under the Leisure Areas (Licensing) Act 2001.

Common examples that are unlikely to constitute a statutory nuisance

The following examples have typically been found not to meet the statutory threshold:

DIY activities carried out during daytime or weekends over a short period
Noise from children playing in playgrounds
Domestic odours not linked to industrial or commercial activity
General transport noise from aircraft, roads, or railways
Occasional social gatherings that end at a reasonable hour
Smoke or noise from bonfires or fireworks on recognised celebration days
Everyday sounds such as footsteps, talking, crying, or television noise—particularly where poor sound insulation is a contributing factor

How is a statutory nuisance determined?

A statutory nuisance is determined by one of our environmental health officers, not the person who has complained. The decision is based on what an 'ordinary person' would accept. We cannot therefore take into consideration people who are shift workers or people who are studying or unwell.

We will take into account:

The time of day/night
How long it lasts
How often it happens
Whether it is socially acceptable, for example fireworks on bonfire night, or church bells ringing
The surrounding environment

Making a complaint

Many people do not realise that they are causing a nuisance, so before you make a complaint we recommend you try to talk to the person and politely tell them about the problem.

If you live in a residential estate or rented property, you should discuss your problem with your landlord or estate management. Most Conditions of Tenancy include a requirement that tenants do not cause disturbance to neighbours.

If your neighbour continues to cause a nuisance, contact us so we can investigate. In the instance of odour, noise and smoke complaints you may also be asked to complete nuisance diary sheets over a minimum two-week period. These records help document the frequency, duration, and impact of the alleged nuisance and may be used as evidence in legal proceedings if necessary.

How we will investigate your complaint

If we can investigate your complaint an Environmental Health Officer will contact you usually within 48 hours to acknowledge your complaint and to gather further information about your complaint if necessary.

We will contact the person you have complained about. We will tell them that a complaint has been made and ask them to consider ways to stop their actions from being a nuisance. We will not tell them who has made the complaint. Where necessary, an Environmental Health Officer will make a number of visits to assess if the nuisance represents a statutory nuisance. Visits can be made at times when the nuisance is likely to occur including outside office hours to obtain enough evidence of the nuisance so an officer can defend an appeal or if the matter goes to the Magistrate’s Court.

For noise complaints, we may install noise recording equipment in your house. In most cases it will be necessary for an officer to witness the noise before formal action can be taken.

What we can do about the nuisance

What is an abatement notice?

An abatement notice requires the person responsible for the nuisance to reduce the impact so that the nuisance no longer exists. This does not necessarily mean that the activity will stop completely and you could still be affected by the activity.

The law requires that the impact of the nuisance has to be brought down to an acceptable level. For example, music from a licensed establishment may be restricted to a certain volume, and times may be limited. You might still be able to hear the music, but it may be quieter, and not last into the night for as long, and would not stop you from continuing your normal life.

If the person responsible does not comply with the notice, then we will need you to collect evidence again, in the same way as at the start of the investigation. We will then need to witness the breach of the abatement notice, to decide if an offence has been committed.

It can take time to establish this, and to gather enough evidence to satisfy the evidential test that it is appropriate to prosecute in the Magistrate’s Court.

If we do decide to take the case to court, all of the evidence you have collected will be used, and you may be required to appear in court as a witness.

If it is not a statutory nuisance

If, for whatever reason, we cannot take action to stop a nuisance, or if you do not want to involve us, you can complain directly to the Magistrate's Court under section 88 of the Public Health Act 1950.