#Kingston, November 18, 2019 – Jamaica – National Security Minister, Hon. Dr. Horace Chang, is suggesting a review of the Noise Abatement Act to take into consideration the introduction of policy that balances public order and engagements in the entertainment industry.
Speaking at a Jamaica Music
Society seminar at the Spanish Court Hotel in New Kingston on Friday (November
15), Dr. Chang said any revision to legislative framework would have to take
into account activities which run virtually on a 24-hour basis, citing resort
areas as an example where this obtains.
“The Noise Abatement
Act, while necessary in terms of public order, was structured beyond what it
should be. It also became a law-enforcement tool, which was a wrong concept;
and that’s what’s causing the problem today,” he said.
The Minister pointed
out that when the law came into effect in 1997, persons were largely working
eight hours per day, from Monday to Friday.
The Minister said, however, that this scenario has changed, and the Act
must reflect that shift.
Dr. Chang pointed out
that when persons apply for entertainment permits, the police should be consulted
early, rather than stipulations in the law requiring 10-days notification
before events are staged. He said that
under the current arrangement, the police can turn down an application, even
where other stakeholder regulatory authorities have approved events and
applicants have initiated arrangements to stage their engagements.
“What I am seeking to
do is to take discretion away from [the] police officers,” the Minister stated.
Noting that
entertainment generates significant employment and income, Dr. Chang said the
new policy would seek to articulate certain stipulations which are
accommodating to all concerned.
“The policy is intended
to restore a sense of balance and structure in the industry, and to ensure that
the Noise Abatement Act is a process to maintain public order, and not punish
entertainers,” he added.
Under the Act, any
person who intends to operate any specified equipment to provide music for
dancing or any other form of entertainment in a public space, in circumstances
where such music is deemed likely to disturb any person occupying or residing
in any private premises within the vicinity, such person shall submit a written
application to the Superintendent of Police in charge of the Division in which
the activity is slated to be held, for permission to do so, no later than 10
clear days before the date on which the proposed event is to be held.
Where the law is
contravened, on first offence, an offender pays a fine not exceeding $15,000 or
serves prison term not exceeding three months.
For a second offence,
they can be fined up to $30,000, or be imprisoned for six months. For a
subsequent office, they can be fined up to $50,000 or 12 months. Additionally, the Court may, upon the
application of the prosecution, order the forfeiture of the specified equipment
used in the commission of the offence.
Contact: Garfield L. Angus
Release: JIS
Photo Caption:
Header: National Security Minister, Hon. Dr. Horace Chang (centre), makes a point during a Jamaica Music Society (JMS) music seminar at the Spanish Court Hotel, in New Kingston on Friday (November 15). Others (from left) are: JMS General Manager, Evon Mullings (left); and Senior Director at the Ministry of Culture, Gender and Sport, Gillian Wilkinson-McDaniel.
Insert: National Security Minister, Hon. Dr. Horace Chang (right), in discussion with Chairman of the Jamaica Music Society (JMS), Danny Brownie, while at a JMS seminar at the Spanish Court Hotel in New Kingston on Friday (November 15).
Photos by Michael Sloley