One 4 Alan - Noise Nuisance and the Right to Respect for Private and Family Life

Ref the above link
Alan, I know you like to disagree with virtually everyone on here, but please, ref the above, I did not write it, only posted the links I thought you were trying to find

Golfer
Thanks for the info. Took a brief look and it does seem to be the one Reg was on about,
it is quite heavy but I will try to get through it in time. As to the other part of your comment. Yes I do reply to things I don't see as true, unfortunately quite a bit of what is commented on here in my opinion is just not true.
I have to add, that many times on this forum I have criticized The councilors and the Mayor. But I have to say my Local Political mind has been completely changed by the moronic comments made on here denigrating the mayor and some councilors (one in particular) I am now realizing just how much better they are than the ones we had before. The proof is in the eating,i have found in life that if you want gain you have got to have pain, Unfortunately a few people on here only want the gain part.

I guess your talking about Paulino, never met the guy, however some of my neighbours openly state he is one of the good guys and wants to help the residents.
Never heard any good comments about the Mayor though. Heard plenty of cr*p about xxxski and the dog fellow lewis

I found all of that fascinating Gofer.
According to my understanding (purely as a layman) the times of between10.00pm and 8.00am are the limits at which the maximum noise level should be 45Db. This assumes the area is residential. It is down to the Valencian authority to keep a check that these levels are observed, and that if they do not, then residents have a right to claim compensation.
Personally, I like music in the background, but detest loud music in bars, so vote with my feet.
I feel extremely sorry for the people who live close to any of the rowdy bars on the Urb., but can now see how it should be controlled by the authorities.
I repeat, this is only my understanding of this long full of lawyer speak document.
Why don't the police have noise meters - it would make it all so black and white.

Alan
Had a read of this myself, a LOT to digest, however the noise decibel level is something our Town Hall should be aware of, after all we are in Valencia.

A simple Solution would be to make the bars, even the illegal Bars that are not soundproofed and do not have Music licences, make them ALL install noise limiters that cut of the electric when the said premises broke / abused the specified decibel level....Problem solved.

As for the 3am or 5am opening hours (please lets not argue) No Bar amongst houses should be open at these hours. Kids have to go to school, people have to get up and go to work. The Town Hall should talk to the dept in charge of issuing these licences and put a block on them.

If nothing is done the National Police or whoever is control of this stuff will come in and big fines will follow and / or Bars will be shut down, then we will have NOTHING, except the bar owners being the "moaners" saying I been fined X amount or been forced to shut.

Golfer,
Just to put the record straight, I have treated it as light hearted as yet, But I am getting a bit bored with some people (no names no pack drill,) who keep on claiming that I only write on here to cause a stir (that's putting it politely). I don't write on here for the fun of it, but if I see something that seems untrue (better known as a lie) I will answer the comment, as I see fit, If I see a comment which I believe to be true, I will either agree with it or not answer it.
That cleared, still not got through all of it, as it needs to be read several times ,yes the decibel level max at 45 between 10pm and 8 am sounds realistic to me, as does 55dec. for the rest of the day, I also would not be too upset if bars had to stop serving at midnight bars in winter an hour later in the summer, and perhaps 30 minutes for finishing last drinks and vacating premises. I think what has to be realized, is Ms. Gomez, was fighting for right to sleep and compensation for the constant noise from 100 plus nightclubs in Valencia Town, as causing her to become unable to get proper restful sleep (this sleep part was thrown out at one time because her Doctor couldn't say when she first suffered this) Also and a thing I thought may be important is where the meter is placed, of this I am sure we will not agree, The reading were found to be between IOO decs. and 115 decs. Which must be horrendous, But as she was fighting for loss of sleep Valencia defence claimed that the meter should of been placed in or near her bedroom, But It seems it was taken from a moving vehicle at the area of the clubs so as they couldn't prove which night club(or clubs) was making the noise, so therefore couldn't prove what the level was at her apartment
I will still need time to re-read the whole document, and I may find that I have slipped up here and there, as this is not one court case but the result of years and many court cases.
Personally I say good luck to her, but the amount of compensation she received was quite pathetic considering the years of court cases she had to go through.

Alan
Personally in my case, I do not think the amount of compensation is of importance, could be zero € for all I care I think it is more important to cure the problem, the root cause.
I think the re must be a regulation for the location of the noise limiter, and the calibration etc, lots of bars have them, I would assume it is measured at a certain point from the front of the Bar so it measures noise that escaped the front or rear of the building, hence the need for double doors etc etc.....but I do not know, its just a guess.
Bur something needs to be done, sorry, noise does travel, in my case I use to be able to hear the bleeps from the lorries reversing in the quarry, so any noise generated from the Consum area sounds like its on my terrace, so for the guys living opposite the Hogs Head it must be unbearable, simple, that's why some of the residents have been driven out, and the houses are still empty.

Golfer,
Despite your decrying my comment writing. I have two things I back, one is the bar owners right to earn a good living, I will say that the people complaining have a way of complaining a lot, but only on a single occasion, then when the next lot occur a lot of new names appear, and everybody appears to live within yards of the consume area and have done for the last twenty years at least. To make things worst is that the 2003 European Law has reared its head after lying dormant for 12 years because almost every European Country ignored it, which almost certainly guarantees money to any one complaining even if they have only just moved into a place near a night club that opened 30 years ago. The council on two occasions claimed that Valencia has received over 70 complaints from La Marina, much more than anywhere else in Valencia. On each occasion I have asked for a breakdown of how many were bar on bar complaints (the claim was over 50% were bar on bar) and how many complaints were in the same name, even you have to admit 70 complaints from one person is not the same as 70 different people complaining, Each time my request was ignored.
I spent nearly 30 years living within a mile of Heathrow Airport, including all the time concorde flew, I spent 16 years working on the London Underground, so noise, don't try and convince me, been there seen it done it.
Even with all that, Only one thing I cant stand is people lying to me, unfortunately a some people on here are trying to do just that to me.

Having just returned from a tour of duty for a three month r&r I find that you Alan seem to have set yourself up as the local expert on the noise laws in Europe and are spouting your opinion as you see it.The problem in the Consum area does not affect you as you clearly live away from the noise.Are you the appointed mouthpiece for the bars because I don,t see any of them on this forum giving their take on the subject.As for the case of Gomez Moreno this was the landmark case which established the EU Law on the statute books .This is there forever so no amount of pontificating about compensation etc. will alter the fact that this law is there to be used in areas where problems of noise are proved .By proved I mean that before the EU accept a case the complainant must have explored all avenues open to try and resolve the problem both locally ,domestically and nationally.This was the case which golfer referred to but was suspended because the Mayor told the neighbours representative that he would solve it.He did not because our friend Jeff holds the balance of power down there so unless he gives the say so since he is counsellor of the Urb.the problem remains .Perhaps a trip to Bagdad all expenses paid will open their eyes.Oh but I forget that the Town Hall is broke.Does that mean that the counsellors will not get their 650 euros per meeting now.Roll on the election.

Reg
Thank you for your opinion of me, It is well valued as I understand you have been a member of this Forum for just over a week, made eight or nine comments all on the same subject.
Just for your information, this Bar noise lark has been going on for years, it happens every year, different people get on here with different views (it is what a forums about) again for your info. the Bar owners used to answer on here until, certain people thought attack was the best form of defence, and started making personal attacks on them. (ask Paul of the Hogs Head, and you will see). Now in my opinion it has got to the stage where Jeff our local councilor seems to be the fall guy I notice his name cropping up time and time again as if he was a kingpin of the bars, he has become a hate figure for a few of the anti bar noise brigade, the weird thing is I used to have an enormous dislike to the fellow (which if you had read this forum for a long time would of noticed, but I now seem to have a sneaky regard for the guy. As for the Moreno case it was you that mentioned it not me, I ask you if you could give me the details of where to find it on internet, you ignored my request, as if it was alright for you to read it but not me, As much as Golfer dislikes me he gave me the information. The fact is I agreed with some of the outcome even the noise level allowed,I thought the compensation was not enough for what Ms Moreno went through and the years it took to get sorted
Well that's my spiel, take it or leave it,

Apologies for not getting back to you with the web site Alan but since the papers are with our solicitor In Murcia and I was in transit Golfer was able to access the info before me as I had spoken to him on the subject.I saw the Policia Autonomica visiting the bars last week inspecting licences (what licences you might ask) and its gone strangely quiet on this forum ref.the noise.I guess Valencia will be making some spot checks next.Well it could be seen coming a mile off so no surprises there perhaps the offenders will take the matter seriously now.