Burnley Magistrates' Court

The court heard that Jill Pate had been issued with an abatement notice following complaints about the barking which affected the neighbour’s sleep.Pate pleaded guilty by post to four counts of failing to comply with an abatement notice that required her to prevent a statutory nuisance caused by a barking dog.

She was fined Â£428 and ordered to pay costs and a victim surcharge totalling Â£853.37.The prosecution was brought by Burnley Council.The court was told that a complaint by the same neighbor in 2015 led to an abatement notice being served on Pate at her address in Conway Grove.

In June this year the council received a complaint about a dog barking at the same address. The complainant said she was being affected by the barking which was very loud and so persistent that it affected her sleep and interfered with her enjoyment of watching TV. The noise could be heard about the level of normal conversation.

A complaint was also made to the Pennine Night Time Noise Service, a partnership between Burnley, Pendle, Hyndburn, Rossendale and Blackburn with Darwen councils.

Pate was served with another abatement notice which required her to prohibit the recurrence of the prolonged and repeated barking at the house.

During several visits to the neighbour by a council environmental health officer he heard a dog barking continuously for between 10 and 20 minutes, the court was told. A sound recorder installed in the neighbour’s property also recorded barking at a volume that would cause a nuisance.