Nocturnal noises: latest sentences
The manager of the public establishment is liable for the crime of disturbing people's rest if he does not prevent the noise of the patrons in front of the premises at night.
Manager of the venue: liable for disturbing the peace?
The car park dedicated to disco customers and the sign inviting them not to make noise do not save the owner of the club from being convicted of the crime of disturbing people's rest, if he does not take action to implement prohibitions and regulations.
This was stated by the Supreme Court which confirmed the conviction for the crime referred to in the art. 659 criminal code imposed on the manager of a nightclub. For the Court, the manager of the disco, by virtue of his position of guarantee, had to do more to prevent the night-time noise: from dedicated staff, to the administration of drinks in non-take-away containers, from the use of the police force to the exercise of ius excludendi. The adoption of this type of measure, in fact, could have led to a limitation of noise.
Criminal Cassation section III, 18/01/2017, n.22142
Manager of a public establishment and loud noises in front of the premises
The manager of a public establishment (in this case, a commercial establishment) who does not prevent the continuous noise caused by patrons parked in front of the establishment even during the night hours, is liable for the crime of disturbing people's occupations and rest, in this regard, the quality of owner of the management of the public establishment entails the assumption of the legal obligation to control, with possible recourse to the various means offered by the law such as the implementation of the ius excludendi and the recourse to the authority, that the attendance of the establishment by the users does not lead to conduct that conflicts with the rules established to protect public order and tranquility.
Criminal Cassation section III, 16/03/2018, n.30644
Nocturnal noise outside a club
Nocturnal noise caused by patrons, outside a place open to the public, can constitute a fundamental element for contingent and urgent ordinances, provided that the discomfort of the population and, therefore, the public interest in people's rest, are violated by noises that take the form of real noise pollution with damage to health.
TAR Ancona, (Marche) sec. I, 17/06/2016, n.380
Suspension of music playback in a room
The ordinance with which the municipal manager ordered the suspension of the diffusion of musical reproductions for a public establishment for 28 consecutive days for the performance of amplified musical activity in the absence of a title and for the noisy behavior of the patrons of the public establishment is legitimate. , who, with their noise, entertaining outside the premises, disturbed the peace and rest of the inhabitants of the area during the night.
TAR Venice, (Veneto) sec. III, 15/06/2016, n.644
Public place closed due to noise at night
Nocturnal noise, coming from a place open to the public until late, can certainly constitute a fundamental element for the contingent and urgent ordinances adopted by the Mayor as a Government official pursuant to art. 54 paragraph 4, legislative decree. 18 August 2000 n. 267, provided however that the discomfort of the population, and therefore the public interest in people's rest, are violated by noises that take the form of real noise pollution with damage to public health; this assumption requires, moreover, a rigorous preliminary investigation by the Administration which can make use, during the procedure, of the qualified investigations conducted by ARPA which is the authority responsible for environmental protection and safeguarding which, if carried out, must be transfused into the motivation of the final provision.
TAR Turin, (Piedmont) sec. II, 13/02/2014, n.269
Noise pollution
With reference to the problem of noise pollution deriving from noises coming from a place open to the public, nocturnal noise can certainly constitute a fundamental element for the contingent and urgent ordinances adopted by the Mayor as a Government official, provided that the discomfort of the population and therefore, the public interest in people's rest is violated by noises that take the form of real noise pollution with damage to people's health.
TAR Turin, (Piedmont) sec. II, 09/24/2013, n.1041
Damage to the person's right to health
The biological damage suffered by people as a result of noises emitted from a room beneath the home of the injured party must be recognized as a violation of the person's inviolable right to health. However, it does not represent a situation that requires early closure of the venue as it is sufficient to limit and reduce noise and noise at night.
Civil Court of Cassation section III, 20/09/2010, n.19851
Order to close drugstores at night
Pursuant to art. 8, l. 25 August 1991 n. 287, the Mayor has the power to determine the maximum closing time of commercial establishments providing food and drinks, with the power to differentiate it based on the different needs and characteristics of the municipal areas and also to use the instrument of the ordinance contingent and urgent, referred to in art. 54 legislative decree 18 August 2000 n. 267 where the nocturnal noise generated inside a drug store by numerous customers and the difficulty of parking cars in the neighboring streets cause serious disruption to public order and the health of citizens residing in the area, proving irrelevant to the effects of the legitimate exercise of such union power the fact that certain inconveniences, the subject of vigorous protests by residents, were present since the opening of the business, where it is documented that they have worsened over the years.
Council of State sec. V, 13/02/2009, n.828
Noises coming from outside the business
The nocturnal noise of the patrons of a public establishment can be an element on the basis of which the Mayor legitimately adopts an ordinance of necessity, when the inconvenience caused to the local inhabitants reaches a degree of intolerability, objectively ascertained, such as to cause damage to the health of people and to put public safety at serious risk; in such a situation, i.e. if such a state of emergency is reached, the Mayor must be recognized as having the power to intervene with the exceptional means that the law places at his disposal with art. 54, legislative decree n. 267 of 2000.
TAR Venice, (Veneto) sec. III, 20/10/2008, n.3243
Noises at night and adoption of the time limitation measure
Given that in accordance with the art. 5 l. reg. Veneto n. 40 of 1994 (“Criteria for determining the opening times of establishments serving food and drinks to the public”) the mayor may, for reasons of public order, public safety or in any case of public interest, adopt limitations on the opening hours of public establishments or permanently or for contingent situations, nocturnal noises can certainly constitute a fundamental element for contingent and urgent ordinances, if the discomfort of the population, and therefore the public interest in people's rest are violated by noises generated by a place open to the public.
TAR Venice, (Veneto) sec. III, 10/10/2006, n.3369
Anticipation of the closing time of a bar
The early closing time of a public establishment (bar) is legitimately ordered by means of a union ordinance pursuant to art. 54 paragraph 3, legislative decree. n. 267 of 2000 in the presence of repeated reports and complaints of continuous nocturnal noise by customers, since it is an emergency situation objectively attributable to the affected activity, provided that the extent of the measure applied respects the principle of proportionality (in this case, in presence of a two-hour advance notice which, however, still allowed the venue to remain open until late in the evening, the measure was deemed proportionate).
TAR Brescia, (Lombardy), 24/10/2002, n.1610
Nocturnal noises: latest sentences
The manager of the public establishment is liable for the crime of disturbing people's rest if he does not prevent the noise of the patrons in front of the premises at night.
Manager of the venue: liable for disturbing the peace?
The car park dedicated to disco customers and the sign inviting them not to make noise do not save the owner of the club from being convicted of the crime of disturbing people's rest, if he does not take action to implement prohibitions and regulations.
This was stated by the Supreme Court which confirmed the conviction for the crime referred to in the art. 659 criminal code imposed on the manager of a nightclub. For the Court, the manager of the disco, by virtue of his position of guarantee, had to do more to prevent the night-time noise: from dedicated staff, to the administration of drinks in non-take-away containers, from the use of the police force to the exercise of ius excludendi. The adoption of this type of measure, in fact, could have led to a limitation of noise.
Criminal Cassation section III, 18/01/2017, n.22142
Manager of a public establishment and loud noises in front of the premises
The manager of a public establishment (in this case, a commercial establishment) who does not prevent the continuous noise caused by patrons parked in front of the establishment even during the night hours, is liable for the crime of disturbing people's occupations and rest, in this regard, the quality of owner of the management of the public establishment entails the assumption of the legal obligation to control, with possible recourse to the various means offered by the law such as the implementation of the ius excludendi and the recourse to the authority, that the attendance of the establishment by the users does not lead to conduct that conflicts with the rules established to protect public order and tranquility.
Criminal Cassation section III, 16/03/2018, n.30644
Nocturnal noise outside a club
Nocturnal noise caused by patrons, outside a place open to the public, can constitute a fundamental element for contingent and urgent ordinances, provided that the discomfort of the population and, therefore, the public interest in people's rest, are violated by noises that take the form of real noise pollution with damage to health.
TAR Ancona, (Marche) sec. I, 17/06/2016, n.380
Suspension of music playback in a room
The ordinance with which the municipal manager ordered the suspension of the diffusion of musical reproductions for a public establishment for 28 consecutive days for the performance of amplified musical activity in the absence of a title and for the noisy behavior of the patrons of the public establishment is legitimate. , who, with their noise, entertaining outside the premises, disturbed the peace and rest of the inhabitants of the area during the night.
TAR Venice, (Veneto) sec. III, 15/06/2016, n.644
Public place closed due to noise at night
Nocturnal noise, coming from a place open to the public until late, can certainly constitute a fundamental element for the contingent and urgent ordinances adopted by the Mayor as a Government official pursuant to art. 54 paragraph 4, legislative decree. 18 August 2000 n. 267, provided however that the discomfort of the population, and therefore the public interest in people's rest, are violated by noises that take the form of real noise pollution with damage to public health; this assumption requires, moreover, a rigorous preliminary investigation by the Administration which can make use, during the procedure, of the qualified investigations conducted by ARPA which is the authority responsible for environmental protection and safeguarding which, if carried out, must be transfused into the motivation of the final provision.
TAR Turin, (Piedmont) sec. II, 13/02/2014, n.269
Noise pollution
With reference to the problem of noise pollution deriving from noises coming from a place open to the public, nocturnal noise can certainly constitute a fundamental element for the contingent and urgent ordinances adopted by the Mayor as a Government official, provided that the discomfort of the population and therefore, the public interest in people's rest is violated by noises that take the form of real noise pollution with damage to people's health.
TAR Turin, (Piedmont) sec. II, 09/24/2013, n.1041
Damage to the person's right to health
The biological damage suffered by people as a result of noises emitted from a room beneath the home of the injured party must be recognized as a violation of the person's inviolable right to health. However, it does not represent a situation that requires early closure of the venue as it is sufficient to limit and reduce noise and noise at night.
Civil Court of Cassation section III, 20/09/2010, n.19851
Order to close drugstores at night
Pursuant to art. 8, l. 25 August 1991 n. 287, the Mayor has the power to determine the maximum closing time of commercial establishments providing food and drinks, with the power to differentiate it based on the different needs and characteristics of the municipal areas and also to use the instrument of the ordinance contingent and urgent, referred to in art. 54 legislative decree 18 August 2000 n. 267 where the nocturnal noise generated inside a drug store by numerous customers and the difficulty of parking cars in the neighboring streets cause serious disruption to public order and the health of citizens residing in the area, proving irrelevant to the effects of the legitimate exercise of such union power the fact that certain inconveniences, the subject of vigorous protests by residents, were present since the opening of the business, where it is documented that they have worsened over the years.
Council of State sec. V, 13/02/2009, n.828
Noises coming from outside the business
The nocturnal noise of the patrons of a public establishment can be an element on the basis of which the Mayor legitimately adopts an ordinance of necessity, when the inconvenience caused to the local inhabitants reaches a degree of intolerability, objectively ascertained, such as to cause damage to the health of people and to put public safety at serious risk; in such a situation, i.e. if such a state of emergency is reached, the Mayor must be recognized as having the power to intervene with the exceptional means that the law places at his disposal with art. 54, legislative decree n. 267 of 2000.
TAR Venice, (Veneto) sec. III, 20/10/2008, n.3243
Noises at night and adoption of the time limitation measure
Given that in accordance with the art. 5 l. reg. Veneto n. 40 of 1994 (“Criteria for determining the opening times of establishments serving food and drinks to the public”) the mayor may, for reasons of public order, public safety or in any case of public interest, adopt limitations on the opening hours of public establishments or permanently or for contingent situations, nocturnal noises can certainly constitute a fundamental element for contingent and urgent ordinances, if the discomfort of the population, and therefore the public interest in people's rest are violated by noises generated by a place open to the public.
TAR Venice, (Veneto) sec. III, 10/10/2006, n.3369
Anticipation of the closing time of a bar
The early closing time of a public establishment (bar) is legitimately ordered by means of a union ordinance pursuant to art. 54 paragraph 3, legislative decree. n. 267 of 2000 in the presence of repeated reports and complaints of continuous nocturnal noise by customers, since it is an emergency situation objectively attributable to the affected activity, provided that the extent of the measure applied respects the principle of proportionality (in this case, in presence of a two-hour advance notice which, however, still allowed the venue to remain open until late in the evening, the measure was deemed proportionate).
TAR Brescia, (Lombardy), 24/10/2002, n.1610