Government Senator Abka Fitz-Henley says that it is unfortunate that two decades into the 21st century Jamaica is still jailing concert promoters for breaches of the Noise Abatement Act.

“From time to time, I see news items where artistes or promoters who had put on events are carried before the court for breaches of the Noise Abatement Act. I think it is unfortunate that this is happening two decades into the 21st century in Jamaica. And, I’m choosing my words carefully, because this is not a criticism of the police, and because I am a supporter of law enforcement. Our laws must be enforced,” Senator Fitz-Henley noted.

“But, I say unfortunately because, unlike other countries, Jamaica is not a country blessed with massive amounts of gold or oil. Our equivalent of those sought after commodities is our creative industry, our music, our culture and proponents thereof.

“Hence, though I am aware that resources are not unlimited, given that we have a bit more fiscal space to operate, I think the time has come to consider building a number of state-of-the-art entertainment facilities where noise control is not an issue, and where the acoustics are proper and people from across the world can enjoy our culture,” he said in the Senate’s State of the Nation Debate, recently.

The controversial Noise Abatement Act, 1997 places restrictions on the production of sound in public places or on private premises, which prohibits the production of noise audible beyond one hundred metres of distance, and places restrictions regarding hours of the day on the use of sound.

In general, nuisance caused by noise shall be avoided. Non-observance of these rules is declared to be an offence and penalties are prescribed. Section 4 defines the liability of an owner of premises, or the owner of sound equipment in respect of offences described in Section 3.

Section 5, meanwhile, prescribes that permission shall be required for the use of specified equipment in certain cases. The permission shall be issued by the superintendent of police. Other provisions of the Act concerns court proceedings and powers of enforcement.