1.1 This code of practice gives guidance on methods of minimising annoyance or disturbance caused by the operation of loudspeakers fixed to ice-cream vans used to convey and sell perishable commodities for human consumption to the public. Most loudspeakers used in this connection are fixed to ice-cream vans and play a chiming call signal; nevertheless this code of practice should be taken as applying equally to any other sounds made by a loudspeaker fixed to a vehicle from which perishable goods are sold to the public.

1.2 The code of practice does not in itself create offences or have the force of law, but local authorities and magistrates’ courts must have regard to it in any consideration of ‘best practicable means’ under Part 3 of the Environmental Protection Act 1990 (EPA).

2.1 Under section 62 of the Control of Pollution Act 1974 (CoPA) it is an offence to operate or permit the operation of any loudspeaker of the ‘ice-cream van chimes’ type in a street unless all the following conditions are complied with:

2.2 Under section 79(1)(ga) of the Environmental Protection Act 1990 noise that is prejudicial to health or a nuisance that is emitted from or caused by a vehicle, machinery or equipment in the street is a statutory nuisance. Under Part 3 of the EPA, action can be taken by local authorities and private individuals to require a business that is responsible for a statutory nuisance to abate that nuisance. A business that applies the ‘best practicable means’ to prevent or counteract the effects of the nuisance will have a defence against such action. Under section 79 of the EPA, a code of practice made under section 71 of CoPA – like this one – must be taken into account when determining whether the best practicable means have been applied

3.1. Annoyance to persons in the vicinity is most likely to be caused if the volume of chimes is excessive, if the chimes are played too frequently or for too long, if the chimes are sounded in areas where people are particularly sensitive to noise, or if the sound of the chimes is distorted. The methods by which such annoyance may be minimised are described in the following sections of this code of practice.

3.2 Owners should ensure that the main points of this code of practice are displayed in all vehicles fitted with a loudspeaker of the ‘ice-cream van chimes’ type, and that it is brought to the attention of all persons concerned with the operation of the chimes; the Annex to this code of practice contains a summary of the code of practice which could be used for display purposes.

4.1. No chimes should be operated which produce a noise level in any direction of more than LAmax 80dB.¹ When operating in areas where houses are particularly close to the road, such as in narrow streets or when stationary, it may be necessary to reduce the volume of the chimes below L_Amax 80dB to avoid disturbance.

4.2. Care should also be taken to avoid distortion of the chimes, which may occur if the volume is too high, or if the equipment is faulty or the component parts of the equipment are not correctly matched.

4.3 When, for the purposes of this code, the level of noise emitted by the chimes is being measured in accordance with the measurement method described in footnote 1, the restrictions on the use of the chimes recommended in paragraphs 5 and 6 below would not apply.

5.1. The passage of music played should not last more than 12 seconds. Where the mechanism contains a timed cut-out device which can automatically limit the playing time to 12 seconds or less, it should be used.

6.1. The chimes should be played once only on the approach to each stopping place (or ‘selling point’), only once when the van is stationary, and never at intervals of less than 2 minutes.

6.2. The chimes should not be played more often than once every 2 hours in a particular length of street.²

6.3. The chimes should not be played when in sight of another van (whether moving or stationary) which might reasonably be taken to be in the street for trading purposes.

6.4. Subject to those considerations, the chimes should be played only as often as is necessary to let customers know that the commodity is on sale from the vehicle.

7.1. The chimes should not be played in areas where people may be especially sensitive to their sound. In particular they should not be played:

Do not sound chime

1. Before 12:00 (noon);
2. After 19:00 (7pm);
3. for longer than 12 seconds at a time;
4. more than once every 2 minutes;
5. more than once when the vehicle is stationary at a selling point;
6. except on approach to, or at, a selling point;
7. when in sight of another vehicle which is trading;
8. within 50 metres of schools (during school hours), hospitals, and places of worship (on Sundays and other recognised day of worship);
9. more than once every 2 hours in the same length of street²;
10. louder than L_Amax 80dB at 7.5 metres;
11. as loudly in areas of low background noise or narrow streets as elsewhere.

REMEMBER: 
It is an offence to sound your chimes before 12.00 noon or after 7.00 pm.
It is an offence to sound your chimes at any time in a way which gives reasonable cause for annoyance.