This is a copy of the original at
You need to be aware that Defra relaxed the regulations regarding ice cream van chimes in 2013 and that if you look for more information on the web some of it will be out of date.
In summary this document says:
In addition, the use of chimes is restricted in sensitive areas, that is to say they should not be played:
www.defra.gov.uk
Code of Practice on Noise from Ice-Cream
Van Chimes Etc. in England 2013
Contents
Introduction
..........................................................................................................................4
Regulations regarding the use
of loudspeakers in streets
................................................4
Operating guidelines
............................................................................................................5
General
............................................................................................................................5
Volume
.............................................................................................................................5
Playing time
......................................................................................................................6
Frequency
........................................................................................................................6
Use of chimes in sensitive areas
......................................................................................6
ANNEX:
Summary of the Code of Practice on Nois
e from Ice-Cream Van Chimes Etc. in
England 2013
.......................................................................................................................7
1
© Crown copyright 2013
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This document/publication is also
available on our website at:
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Any enquiries regarding this document/publication should be sent to us at:
Code of Practice on Noise from
Ice-Cream Van Chimes Etc.
Noise and Nuisance Team
Department for Environment, Food and Rural Affairs
Area 2C Nobel House
17 Smith Square
London
SW1P 3JR
Email:
noise@defra.gsi.gov.uk
PB 14030
2
This code of practice was developed with the involvement of mobile food vendors,
particularly the ice-cream vendor industry. Appr
oval was given for this code by the Control
of Noise (Code of Practice on
Noise from Ice-Cream Van Ch
imes Etc.) (England) Order
2013 (SI 2013 No. 2036) made under section 71 of
the Control of Pollution Act 1974 (as
amended) by the Secretary of
State for the Environment, Food and Rural Affairs. This
code of practice came into operat
ion on 1 October 2013 in England.
It is an offence under section 62 of the C
ontrol of Pollution Act 1974 (CoPA) to use a
loudspeaker in the street. There is a specif
ic exception for the oper
ation of loudspeakers
fixed to vehicles used to convey and sell
perishable commodities for human consumption
to the public, such as ice-cream, provided t
hat they do not give reasonable cause for
annoyance to persons in the vicinity. Under sect
ion 71 of CoPA the Secretary of State has
the power to approve codes of practice that
help to minimise noise. This code gives
guidance on minimising noise from ice-cream
van chimes. It should also be taken as
applying equally to any other sounds made by a loudspeaker fixed to
a vehicle from which
perishable goods are sold to the public. Compli
ance with this code will help to show that
that a vendor has complied
with section 62 of CoPA.
Noise that is prejudicial to health or a nuisance
that is emitted from or
caused by a vehicle,
machinery or equipment in the street is
a statutory nuisance under section 79 of the
Environmental Protection Act 19
90 (EPA). Under Part 3 of the EPA, action can be taken
by local authorities and private
individuals to require a busines
s that is responsible for a
statutory nuisance to abate that nuisance. A bu
siness that applies the ‘best practicable
means’ to prevent or counterac
t the effects of the nuisance
will have a defence against
such action.
Under section 79 of the EPA,
a code of practice made under
section 71 of CoPA must be
taken into account when det
ermining whether the best pr
acticable means have been
applied. Compliance with this code will help
to show that a v
endor has used best
practicable means to prevent, or counteract, t
he effects of any nuisance resulting from the
chiming.
3
Introduction
1.1 This code of practice gives guidanc
e on methods of minimising annoyance or
disturbance caused by the operation of loud
speakers fixed to ice-cream vans used
to convey and sell perishable commodities
for human consumption to the public.
Most loudspeakers used in this connection ar
e fixed to ice-cream vans and play a
chiming call signal; nevertheless
this code of practice should be taken as applying
equally to any other sounds made by a louds
peaker fixed to a vehicle from which
perishable goods are sold to the public.
1.2
The code of practice does
not in itself create offences or have the force of law, but
local authorities and magistrates'
courts must have regard to it
in any consideration
of ‘best practicable means’ under Part 3
of the Environmental Protection Act 1990
(EPA).
Regulations regarding the use of loudspeakers in
streets
2.1
Under section 62 of the Control of Pollution Act 1974 (CoPA)
it is an offence to
operate or permit the operation of any loudspeaker of the ‘ice-cream van chimes’
type in a street unless all the following conditions are complied with:
a.
the loudspeaker is oper
ated only between the hours
of noon and 7 pm on the
same day;
b.
the loudspeaker is fixed to a vehicle
which is being used for the conveyance
of a perishable commodity for human consumption;
c.
the loudspeaker is oper
ated solely for informing members of the public
(otherwise than by means of
words) that the commodi
ty is on sale from the
vehicle;
d.
the loudspeaker is so operated as not to give reasonable cause for
annoyance to persons in the vicinity.
2.2 Under section 79(1)(ga)
of the Environmental Protec
tion Act 1990 noise that is
prejudicial to health or a nuisance that is
emitted from or caused by a vehicle,
machinery or equipment in the street is a statutory nuisance.
Under Part 3 of the
EPA, action can be taken by local authorit
ies and private individuals to require a
business that is responsible for a statut
ory nuisance to abate that nuisance. A
business that applies the ‘best practicabl
e means’ to prevent or counteract the
effects of the nuisance will
have a defence against such ac
tion. Under section 79 of
the EPA, a code of practice made under sect
ion 71 of CoPA – lik
e this one – must
be taken into account when determining wh
ether the best practicable means have
been applied.
4
Operating guidelines
General
3.1. Annoyance to persons in the vicinity is
most likely to be caused if the volume of
chimes is excessive, if t
he chimes are played too frequently
or for too long, if the
chimes are sounded in areas wh
ere people are particularly s
ensitive to noise, or if
the sound of the chimes is
distorted. The methods
by which such annoyance may
be minimised are described in the following se
ctions of this code of practice.
3.2
Owners should ensure that t
he main points of this code of
practice are displayed in
all vehicles fitted with a loudspeaker of t
he 'ice-cream van chimes' type, and that it
is brought to the attention of all persons concerned with the operation of the chimes;
the Annex to this code of pr
actice contains a summary of the code of practice which
could be used for display purposes.
Volume
4.1. No chimes should be oper
ated which produce a noise level in any direction of more
than L
Amax
80dB.
1
When operating in areas where hou
ses are particularly close to
the road, such as in narrow streets or when stationary, it may be necessary to
reduce the volume of the chimes below L
Amax
80dB to avoid disturbance.
4.2. Care should also be taken to avoid dist
ortion of the chimes, which may occur if the
volume is too high, or if the equipment is faulty or the component parts of the
equipment are not correctly matched.
4.3
When, for the purposes of
this code, the level of noise
emitted by the chimes is
being measured in accordanc
e with the measurement met
hod described in footnote
1, the restrictions on the use of the
chimes recommended in paragraphs 5 and 6
below would not apply.
1
At 7.5 metres over a 12-second period of contin
uous chiming. Noise measurements should be undertaken
with a meter which conforms to BS EN 61672-1:2003 El
ectroacoustics. Sound leve
l meters. Specifications
(Class 1) set to the A-frequency weighting and the
F-time weighting. The microphone should be held at a
height of 1.2 metres above the ground, and at a di
stance of 7.5 metres from the loudspeaker. The
microphone should be fitted with a windshield and the
meter should be calibrated periodically and checked
prior to (and after) measurement by a calibrator conf
orming to BS EN 60942:2003 Electroacoustics. Sound
calibrators.
5
Playing time
5.1. The passage of music played should
not last more than 12 seconds. Where the
mechanism contains a timed cut-out dev
ice which can automatically limit the
playing time to 12 seconds or less, it should be used.
Frequency
6.1. The chimes should be played once
only on the approach to each stopping place (or
‘selling point’), only once when the van is
stationary, and never at intervals of less
than 2 minutes.
6.2. The chimes should not be played more o
ften than once every 2 hours in a particular
length of street.
2
6.3. The chimes should not be played when
in sight of another van (whether moving or
stationary) which might reasonabl
y be taken to be in the street for trading purposes.
6.4. Subject to those consi
derations, the chimes should be
played only as often as is
necessary to let customers know that the
commodity is on sale from the vehicle.
Use of chimes in sensitive areas
7.1. The chimes should not be played
in areas where people may be especially
sensitive to their sound. In particular they should not be played:
a.
within 50 metres of
any hospital or similar institution;
b.
within 50 metres of a school
during school hours;
c.
within 50 metres of a place of worshi
p on a Sunday or other recognised day
of worship.
2
A ‘particular length of street’ should normally be inte
rpreted as being a length of street up to 500 metres
long.
6
ANNEX:
Summary of the Code of Practice on Noise from Ice-
Cream Van Chimes Etc. in England 2013
It is an offence to sound your chimes before
12.00 noon or after 7.00 pm. It is also an
offence to sound your chimes at
any time in such a way as to give reasonable cause for
annoyance. A code of practice approved by the Government gives guidance on methods
of minimising annoyance caused by your chimes. The main points of the code of practice
are:
Do not sound chimes
1. for longer than 12 seconds at a time;
2. more often than once every 2 minutes;
3. more than once when the vehicle
is stationary at a selling point;
4. except on approach to
or at a selling point;
5. when in sight of another vehicle which is trading;
6. when within 50 metres of schools (duri
ng school hours), hospitals, and places of
worship (on Sundays and other re
cognised day of worship);
7. more often than once every 2 hours
in the same length of street;
8. louder than L
Amax
80dB at 7.5 metres;
*
9. as loudly in areas of low background
noise or narrow streets as elsewhere.
REMEMBER:
It is an offence to sound your chimes before 12.00 noon or after 7.00 pm.
It is an offence to sound your chimes
at any time in a way which gives
reasonable cause for annoyance.
*
Measured in the way suggested in footnote 1.
7