Criminal Behaviour Order issued to noisy neighbour

Sunderland City Council secured the CBO against Kevin Conlin of Newbury Street, Fulwell, at South Tyneside Magistrates Court on Tuesday 2 August.

Conlin first came to the attention of the city council's Neighbourhood Enforcement team in May 2021 following complaints from neighbours, who reported excessively loud music and shouting coming from Conlin's address.

The complaints were investigated and substantiated by the council's Neighbourhood Enforcement team through noise monitoring software, visits to the address and regular patrols.

In June 2021, Conlin was issued with a Community Protection Warning (CPW) and offered the chance to engage with support services, which he declined.

Complaints from neighbours continued throughout July and August 2021 and those complaints were investigated and substantiated. In August 2021 Conlin was issued with a Community Protection Notice (CPN) and again declined the offer of support.

Complaints about Conlin became more regular, including reports of noise nuisance, substance misuse in the street, and harassment.

A further investigation by the council's Neighbourhood Enforcement Manager used noise monitoring software, CCTV footage and witness statements. On 29 June 2022, Conlin was convicted of breach of CPN at South Tyneside Magistrates Court.

In addition to the conviction, the council's Neighbourhood Enforcement Manager - with the support of Northumbria Police - made an application to the courts for a CBO against Conlin in an attempt to rectify his behaviour and protect members of the community. Conlin failed to attend the hearing and the CBO was granted in his absence. He was also ordered to pay a £22 victim surcharge and legal costs of £150.

The Criminal Behaviour Order sets out that Conlin must not to act in an anti-social manner or cause annoyance, harassment, alarm or distress to any Sunderland resident.

If the CBO is breached, the court can impose a maximum sentence of up to five years imprisonment, a fine, or both. 

Councillor Graeme Miller, Leader of Sunderland City Council and Chair of the Safer Sunderland Partnership, said: "No one should have to live in fear of intimidation or aggressive behaviour in their own community, but hopefully this Order shows that when an individual does participate in anti-social behaviour that we will take appropriate action.

"In this case, Conlin was given multiple opportunities to turn his behaviour around, but instead of accepting support he continued to cause a nuisance and show a repeat disregard for his neighbours and the law."

As part of a commitment to crack down on ASB in Sunderland, the city council has taken a number of measures.

Since the start of 2021 this has included:

• 287 Community Protection Warnings
• 70 Community Protection Notices
• 4 Civil Injunctions
• 1 breach of civil injunction resulting in 4-month prison sentence, suspended for 12 months
• 8 Closure Orders against problem properties
• 4 Criminal Behaviour Orders