Guidance note and the law

Bells are associated with churches of most traditions the whole world round, The tradition of bellringing in England is distinctive through the evolution of and the sound of bells in city and countryside is a long-standing and familiar part of the environment. They summon to worship; they ring out in celebration and in sadness. With increasing concern about noise pollution, there have been occasions when complaints about bellringing have been made

The purpose of this guidance note Control of the ringing of church to succeed unless the bells are is to offer advice to incumbents, bells belongs jointly to the ringing incessantly or at times churchwardens, PCCs and incumbent and the churchwardens which would be regarded as bellringers about maintaining the with the qualification that no unreasonable in the eyes of any campanological element in our should he rung contrary to the prudent person. Short periods of way of life through sensible incumbent’s direction. bell ringing for public worship or management. There is a brief would not he actionable. outline of the law and custom Common Law More sustained periods at which applies to the ringing of antisocial times might well be. church bells. There are also some There does not appear to be any suggestions about dealing with legal right as such to ring bells in The Environmental Protection Act complaints. In this way, bells can the community. It seems to be a 1990 continue to be seen as an matter of custom. enrichment of the quality of our Under s.79 of the 1990 Act, noise life. The Common Law position is that emitted from premises so as to be the making of unreasonable noise prejudicial to health or a nuisance, is actionable as a nuisance. The or interfering unduly with the The Legal Background question s whether the person’s comfort and convenience of use and enjoyment of his/her neighbouring occupiers, could give Ecclesiastical Law property is being interfered with. If rise to a prosecution in the it is shown that the answer to this Magistrate’s Court. Canon F8 of the Church of question is ‘yes’, damages may be England states that every church recoverable or an injunction Each case involves questions of shall be provided with at least one gained in the Civil Courts. This fact and degree; therefore bell to ring the people to service”. course of action is unlikely evidence of noise levels is seen as relevant.

Who can take action? How to avoid a complaint about 1. Respond courteously and your bells promptly. Any person whose enjoyment of their property is being affected by 1. Ring regularly at known times • Be reasonable. Aim to reach an the noise of the bells can take for practice nights and services. amicable solution at the outset. If legal action to prevent it. The NB. Regular ringing does not have necessary, be prepared to modify proximity of the property to the to mean frequent ringing. Do not your ringing pattern to reach a church will undoubtedly be deviate from these times, add compromise. relevant here. extra sessions or miss planned • Discuss the problem with the sessions. Do not start or finish complainant face to face if Someone who has recently moved early or late. Publicise all ringing possible. Invite him or her to watch into the area knowing there was a widely. the ringing and meet the ringers. church nearby would probably not • Explain why and when the bells be looked on as favourably by the 2. Fix a pattern for additional are usually rung and for how long. courts. That person may have to ringing for weddings, visitors, • Clergy, wardens and ringers take action against the vendor of meetings, quarters and . must work together. the property if they have Ensure visiting ringers adhere to • One person should be appointed misrepresented the amount of time local constraints. spokesperson to avoid confusion, the bells are ringing. • Take the Environmental Health 3. Consider your neighbours: Officer seriously. General Advice • in hot weather when windows are more likely to be open; 2. Keep a written record of It is as unreasonable for an • when they are using their complaints and any action taken. incumbent to claim a right to ring gardens; the bells whenever he or she • during special events in a nearby 3. Seek experienced help. pleases as it is for someone to venue. seek to silence the bells. In each Talking to the press case, there appears to be a need 4. Publicise special ringing events: to find an acceptable compromise • in local newspapers; If the press tries to make contact, and balance. It is important that • in the parish magazine; don’t be interviewed whilst you are the tower captain ensures that the • on the church notice hoard and unprepared but be courteous and bells are rung in a responsible • in handbills to local houses. promise to ring back promptly. manner and that visiting teams do Advice will be available from your likewise. 5. Maintain good striking. The DAC Secretary or the Diocesan public can always tell the Communications Officer. Prepare Playing Recorded Bellringing difference between good and bad what you are going to say striking. Use tied bells or carefully. Decide on three key The advice in this guidance note simulators for practice. points you wish to make and put applies equally to the playing of them across briefly and clearly. recorded bellringing through 6. Hold open days. Make people amplification systems in the tower aware of ringing and ringers. Further help is available from your or elsewhere. Diocesan Office and from The 7. Be reasonable. The law Central Council of Church Bell requires it. Ringers [www.cccbr.org.uk].

Dealing with a complaint about This guidance note is an abridged your bells version of a note produced by Bristol Diocese. September 2001 When a complaint is made