Man has ban on playing saxophone overturned

A ban preventing a professional saxophonist from playing his instrument at home has been overturned after a successful appeal.

Bradford Magistrates' Court was told it was "counterintuitive" for Bradford Council to regulate the playing of music while the district was celebrating its City of Culture year.

The council had imposed the noise notice on David Trevor Wilkinson in January, which prevented him from playing a saxophone at his property in Idle.

Phil Morris, representing Mr Wilkinson, said: "He is a professional musician who has, for many years, practised his bass saxophone at this property unhindered."

Mr Wilkinson appealed to have the notice thrown out in a hearing on Wednesday.

The appeal succeeded after the court heard the council was not in a position to fight the case.

Mr Wilkinson was served a noise abatement notice on January 15 after a dispute in May last year, according to the Local Democracy Reporting Service.

When asked to explain the order, Mr Morris said: "A unilateral decision was taken by environmental health officers that following complaints, Mr Wilkinson was only allowed an hour and a half to play within a five-hour period on Monday to Friday.

"He later received a letter giving him an entire prohibition.

"It seems counterintuitive given that Bradford is celebrating City of Culture."

Solicitor Mr Raja was in court representing Bradford Council on other matters. He told magistrates he had not been aware of the appeal until minutes before it was heard.

He said: "I can only apologise, my colleague who was dealing with this is on annual leave, and he has the papers relating to the case.

"I don't have the papers, so I'm not in a position to oppose this application."

Magistrates agreed to support the appeal and lift the noise abatement notice.

Listen to highlights from West Yorkshire on BBC Sounds, catch up with the latest episode of Look North.