129Emission of odours from premises licensed for scheduled activities

129 Emission of odours from premises licensed for scheduled activities

129 Emission of odours from premises licensed for scheduled activities

(1) The occupier of any premises at which scheduled activities are carried on under the authority conferred by a licence must not cause or permit the emission of any offensive odour from the premises to which the licence applies.

(2) It is a defence in proceedings against a person for an offence against this section if the person establishes that—

(a) the emission is identified in the relevant environment protection licence as a potentially offensive odour and the odour was emitted in accordance with the conditions of the licence directed at minimising the odour, or

(b) the only persons affected by the odour were persons engaged in the management or operation of the premises.

(3) A person who contravenes this section is guilty of an offence.