Gov’t senator urges amending Noise Abatement Act
Government Senator Sophia Frazer-Binns says that the State should remove the curfew on night entertainment and allow music sessions to go beyond the 2:00 am limit, to empower the nocturnal economy.
She said that amending the Noise Abatement Act to allow longer hours for entertainment, as well as creating entertainment zones and promoting the construction of enclosed venues, would prod the development of the entertainment industry.
This would impact on employment opportunities, earnings and profits, reduce reliance on the State’s welfare programmes and leave the Government with more money to spend on macro-economic development and stabilisation of interest and foreign exchange rates, she said.
Senator Frazer-Binns, who opened the 2014/15 State of the Nation debate in the Senate on Friday, was speaking on the issue, ‘Empowering the nocturnal economy: amending the Noise Abatement Act’.
She admitted that the issue remains a sore point for many Jamaicans, with passionate support on either side of the debate. However, she argued that it is time for Jamaicans to make up their minds and do something about the Noise Abatement Act, “that will serve as a catalyst to really accelerate growth and empower our people”.
She pointed out that the Act places a limit on the duration of night-time entertainment events, as Section 5 provides that all forms of entertainment events should end by 2:00 am.
“The enforcement has caused many persons within the industry to question its application, especially on weekends, or in areas which are not within close proximity to residential accommodations,” she noted.
“Whether we like it or not, the entertainment industry impacts us all. Even those of us with the most puritanical lifestyles benefit when our entertainers do well on the global scene. The fact is that entertainers and the economy thrive in an environment that is enabled by a nocturnal economy,” she stated.
“This need not be treated as some mysterious underworld of activity. Jamaica’s nocturnal economy consists of a wide array of legitimate jobs, ranging from sound system selectors to engineers, to dancers, to security guards, to food vendors, to a whole host of other activities. However, their livelihood and their economic productivity simply run counter to those of us whose productivity is reliant and defined by the day-time economy,” she added.
“But, why must we treat these two worlds as being at war with each other?” she asked. “It is time for us to move post-haste and amend the Noise Abatement Act, thereby allowing persons to be fully productive.
“We could go a far way into unlocking the potential of so many Jamaicans to make money, while preserving the rights of so many others to have a good night’s rest! The time has come for us to ensure our jurisprudence reflects the seriousness with which we are treating the entertainment industry,” she said.
She argued that for many Jamaicans, especially in inner-city communities, who rely on “round robins” or similar events for earning, the enforcement of the provision of the Act is counter-productive.
“Our reality is that Jamaican party-goers generally do not attend parties until after midnight and, usually, party until four or five am. The enforcement of Section 5 of the Act means that, whereas a promoter formerly relied on a minimum of four hours of bar time to make a profit, he now only has two hours to make the same or more profit.
“The reliance on bar time at music events is mostly evident at street dances, where admission is free and the income is generated from bar sales. With the reduction in bar time, there is a natural inference that this will affect profits, thereby having a negative effect on employment of persons usually hired to work at these events, and its spin-offs on the economy.
Frazer-Binns argued that there is precedence for the use of discretion in how and when music is played, as evidenced in the annual Reggae Sumfest, Air Jamaica Jazz and Blues Festival and Jamaica Carnival and j’ouvert celebrations, which go on well after 2:00 am. The challenge, however, is that the exercise of this discretion is often done with selected bias in favour of the wielders of power in the society, the senator said.
“There does not appear to be a set of guiding rules that influence the decision for the extension of time. Often, it is the person in the lower quintile of the society who experiences the negative exercise of this discretion. Ironically, these are the persons who need it most,” she stated.
She said that she also supported the suggestion from the minister of state for tourism and entertainment, Damion Crawford, for establishing entertainment zones. Similarly, there is the need for more enclosed venues for entertainment events, she said.
“There have been several calls for the construction of indoor entertainment venues. The availability of enclosed venues fitted for noise control and prevention would complement the proposed zoning plan and allow for a better working of the Noise Act,” she noted.
“This call for the construction of enclosed entertainment venues is a challenge to the private sector, as there is the potential for return on investment. In considering the indoor entertainment venue, we may wish to consider utilising abandoned warehouses in the downtown area by converting them into dancehalls,” she suggested.
She said that this would renew nightlife in Kingston, as well as provide more business for vendors already based in the area.
“I am convinced that the amendment to the Act, the implementation of zoning and the building of enclosed entertainment centres, would benefit the industry and economy, through longer events, which influence bar time and sales, and impact on business profits, employment opportunities, and earnings,” she said.
The State of the Nation Debate, an annual event in the Senate, is expected to continue next Friday.