Harold Brown of Friars Croft, Calmore, loses appeal at Southampton Crown Court against conviction for failing to keep noisy cockerel quiet

A MAN whose cockerel repeatedly disturbed neighbours daily from 5am has appeared in court again.

As reported in the A&T, last December Harold Brown of Friars Croft, Calmore, denied failing to comply with a notice to prevent the “recurrence or nuisance” of the bird crowing when he appeared at Southampton Magistrates’ Court.

However, he was found guilty of breaching the order imposed by New Forest District Council and fined £200. He was also ordered to pay £380 in court charges

He challenged the conviction, but his appeal was dismissed at Southampton Crown Court on 25th April.

The court upheld the original conviction after hearing evidence from two council officers and six local residents. He was also ordered to pay a victim surcharge of £80 and legal costs of £3,651.95.

NFDC’s cabinet member for community, safety and wellbeing, Cllr Dan Poole, said: “We are committed to protecting our residents from unacceptable levels of noise and supporting them when issues arise.

“Everyone has the right to the peaceful enjoyment of their home, and when informal approaches fail, we will not hesitate to take legal action where necessary.”

The council was initially alerted to concerns of early morning noise nuisance in October 2022 after receiving complaints from eight neighbouring households in Calmore.

It took action, serving an abatement notice in December 2022, but after a brief period of respite, further complaints from 12 households were received in 2023. The diary evidence kept by local residents highlighted that the crowing regularly affected their sleep from as early as 5am each day.

Residents who gave evidence were present in the public gallery and able to witness the proceedings. The judge’s comments acknowledged the impact the noise had on their quality of life.