Complaint Received By Council

Bay of Plenty Times, Volume LXXVII, Issue 15057, 18 August 1949, Page 6

Complaint Received By Council

"Noise From Skating Rink

Creates Nuisance"

Mount Maunganui Borough

Discussion

The opinion that the Moun* Maunganui Borough Council could not be held responsible for Ihe noise from the skating rink in the town, was expressed by councillors at the monthlv meeting, when a letter of complaint was received. The proprietor of a guest house adjacent to the skating rink on Beach Road stated, in a letter to the council, that the noise created by the skates and by the loud speakers relaying music 1 ; had reached the stage where it was a definitne nuisance. Guests complained abcuc the noise and some had stated that they certainty would not return, because of it. While'the correspondent realised, he said, that a man's livelihood was concerned in the operation of the skating rink, he considered that something should be dene to lesson the noise. He considered that the operator should take steps to make the rink sound proof rnd added that requests direct to the owner had not resulted in any improvement. Stating that the letter spoke for itself the Mayor. Mr S. F. Newton, said he agreed that the noise from the rink was excessive. However, the problem was a difficult one, as the council had not been asked specifically to take definite action. Authority to erect the rink had been granted by the council, but he did not think if should accept responsibility for the noise. Question Expected Cr J. J. Steevens commented that be knew the leter was coming before ihe council and apparently the owner of the rink did also, for he had mentioned the question to him. The present operator would, he thought, co-operate to reduce the noise from Hie loud speaker, but he could not see how the skates could be made silent. Cr A. E. Page: The only way would be to put down a rubber floor. The only redress open to the complainant would be by a civil action. Expressing the opinion that the council had merely approved of the erection of a building and had not given specfic authority for the operation of a skating rink, Cr C. H. Clarke expressed the opinion that the council was not at fault. The Town Clerk, Mr G. E. Hutton, stated that lie had many complaints, made at the office, where residents thought it the correct place to lodge them. He had come to the conclusion that the noise to those living near the rink must be annoying. Half the complainants said the noise from the skates was the main '•ame for complaint and the other half condemned the music. Mr Hutton reminded councillors that before a permit to build the rink was obtained from the Building Controller, the applicant had sought support from the council and this had been given, knowing that the building was to be used as a skating rink. Moral Obligation No permit to operate had yet been issued because the owner had only recently complied with safety re-* quirements and necessary conveniences. This could be refused, if the council thought lit, on the grounds of the excessive nuisance caused by the noise. However, the builder had been told he could expect a permit when the conditions were fulfilled and there was a moral obligation to grant the permit. Mr Newton said he thought the council would have to grant the permit and could request the operator to reduce the noise. Cr M. H. Bell: The music must be kept fairly loud to be heard against the noise of the skates. The fact that rinks were permitted in other towns was mentioned by Cr Clarke. He admitted that if he lived next door he would object to the noise and considered every other councillor would do the same. The Mayor proposed that the complainant be advised that the council intended to approach the operator of the skating rink anct request him to reduce the noise element as far as possible. At the same time, he was to be advised that the council considered it could not control the operations of the rink. If the complainant desired redress it was the council's opinion that it would be necessary for him to take oivil action against the operator. The proposal was supported by the meeting.