Ice cream van owner stunned over possible prosecution for ‘overly loud’ chimes
An ice cream van owner could be taken to court over “overly loud” chimes, which he claims are quieter than moderate rain.
John Barton, 33, who runs Harrison’s Ices in Lincolnshire, was left stunned when he received a letter from the council saying it had received complaints about his “Blue Peter-style” jingles.
East Lindsey District Council said there had been reports of “undue noise” caused by the “misuse/overuse of the chimes” from his bright pink and white van.
Officials warned him that the case was at an initial stage of investigation and that he could face possible prosecution at court under the Control of Pollution Act 1974 if the chimes were found to be too loud and he did not reduce the noise.
The Tory-led council wrote: “It is alleged that when the weather is nice the van is in the area nearly every evening from between 18.00-19.00.
“It has been alleged the chimes are overly loud and are used excessively between the above times. It is alleged the Blue Peter-style chimes are sounded too often/frequently and potentially for too long.”
In response, Mr Barton posted a video on social media of him driving along while sounding the jingle from his van, telling viewers: “This is for all you Karens that like to complain about my chimes.”
The term “Karen” is often used among young people to mock a caricature of a middle-aged woman who makes petty complaints.
Mr Barton claimed the tones are just 45 decibels (dB), which according to the American Academy of Audiology is quieter than moderate rainfall.
This is in line with Government guidance which permits chimes of up to 80dB.
“They’re not too loud, I can barely hear it in my van – it’s 12 seconds of music and its not in your ear. If I’m in my living room you can’t hear the vans,” he said, before adding: “In the middle of the summer season, you don’t expect to get that sort of complaint. Someone has got too much time on their hands.”
The letter, sent on April 25, said the complaints were centered around streets in Louth including Eastfield Road, Park Avenue and Chestnut Drive.
But Mr Barton, who has run the company with four ice cream vans for a decade, claimed that he did not travel down some of those roads and the chimes could not be heard from two streets away.
In a post on Facebook addressing whoever had complained, he added: “If this is you – GET A LIFE! Get ya self out and buy an ice cream – it might make you feel a bit happier about life.”
A spokesman for East Lindsey District Council said: “The council does not have a choice in whether or not to investigate.
“This is part of our statutory duty to investigate potential statutory nuisance under the Environmental Protection Act 1990 which state we must investigate all complaints we receive.
“Every year we receive and investigate in excess of 800 noise complaints about a variety of issues ranging from dog barking to industrial noise.”
