Cockerel owner hit with fine after neighbours complain about noisy bird

A Hampshire man has lost his appeal against a conviction for allowing his cockerel to disturb his neighbours.

Harold Brown, the owner of Brutus the cockerel, argued that his bird doesn't crow, but merely "croaks".

The defence, however, failed to persuade the court.

The saga began in October 2022 when New Forest District Council (NFDC) received complaints from eight households near Mr Brown's Friars Croft home in Calmore.

These complaints centred around Brutus’ early morning calls, reportedly starting as early as 5am. NFDC issued an abatement notice in December 2022, requiring Mr Brown to address the noise issue.

Despite the notice, complaints continued into 2023, this time from 12 households. This led to Mr Brown's prosecution and subsequent conviction in November 2024 for failing to comply with the abatement notice.

Mr Brown then appealed the conviction, but Southampton Crown Court dismissed his case.

The court upheld the original conviction, resulting in a £200 fine for Mr Brown. He was also ordered to pay an £80 victim surcharge and cover legal costs amounting to £3,651.95.

A NFDC spokesman said: “The diary evidence kept by local residents highlighted that the crowing regularly affected their sleep from as early as 5am each day.”

Councillor Dan Poole, portfolio holder for community, safety and wellbeing, said: “We are committed to protecting our residents from unacceptable levels of noise and supporting them when issues arise.

“Everyone has the right to the peaceful enjoyment of their home, and when informal approaches fail, we will not hesitate to take legal action where necessary.”

Speaking outside court, Mr Brown disputed the complaints made by the neighbours against Brutus.

The 82-year-old said: “My cockerel does not make a lot of noise, he wears a neck collar which restricts the wind pipe and he can’t suck in that amount of air to crow, he croaks, it’s a croak.

“They say he crowed 90 and 113 times in an hour. Now I’ve recorded him, the maximum was 27 and that was from 6am to 7.30am, the average was 22.

“But he doesn’t crow, he croaks, but they don’t take any notice of that. I’ve given up, fine and costs but it’s just money, I don’t give a song about the neighbours.”

Mr Brown, who said he had kept chickens and cockerels since the early 1970s, added: “It all started with one neighbour who was about 70 yards away complaining to the council about my cockerel.

“Now, when I first got him, I put a neck collar on him but it wasn’t tight enough. He did crow, it was a bit loud, but only occasionally, so I tightened up the neck collar.

“They’re all saying they can’t sleep, but I don’t even bloody hear it and I sleep five yards away from him.

“If I’m awake, at 5 o’clock or half past five. I may, may, hear it, just a croak and that’s it.”

A neighbour, who did not want to be named, said: “When he first got the blessed thing it was waking us up really early, it was really annoying then, before it even got light sometimes.

“Those who back on to the house nearest to him, they were very annoyed, it was keeping them awake and suffering tiredness.”