Color Splash clash!
MANDEVILLE, Manchester — A legal battle is looming between an event promoter and Manchester Municipal Corporation over the revocation of an entertainment permit two weeks before the 28th staging of the highly anticipated Color Splash.
Adion Peart, more popularly known as Diamond, through his attorney Trevor Cameron of Shieldslaw, wrote to and delivered a letter to the municipality on Thursday during the monthly sitting of the council resulting in a recess being called.
The attorney argued that the municipality’s revocation letter of the December 24 event, based on its timing, is a hindrance for the promoter to find an alternative venue than the proposed Main Street location in Mandeville, and the costs incurred.
“Firstly, the structure of the letter is a cause for concern as it is worded in a manner that insinuates no licence was issued to Mr Peart, which we find to be incorrect. Mr Peart would have a legitimate expectation that he could rely upon the licence to proceed with works to have the venue ready. Consequently, rescinding the said licence a mere two (2) weeks before the event threatens to cause significant loss to Mr Peart in addition to incurring additional expenses in an effort to relocate and readvertise,” the letter read in part.
“We note the reasons for rescinding and have found that these concerns raised were to be contemplated before the issuing of the licence. Section 6 (1) of the Municipal’s Places of Amusement Regulations allows rescinding in the event that the person has been convicted of a crime or the prescribed requirements are not being complied with. Neither metric has been met by the municipal corporation to issue said rescindment. Additionally, section 6(3) of the said regulation stipulates that time should be given for the remedy of said non-compliance, which also was not adhered to,” the letter read in part.
Following the resumption of the sitting, in an unusual move, Mayor of Mandeville Donovan Mitchell opened the floor for a debate and asked councillors to vote for or against the letter revoking the permit.
“The reason I am discussing it is that, nationally, people are complaining and congratulating the council for the decision it took. Since I sat here a letter came in from his lawyers and because I want a fulsome discussion on the issue, even if it is the only issue being taken it has to be taken,” Mitchell said.
This led to a tense exchange between councillors over the revocation of the entertainment permit.
Some of whom objected to the proposed venue citing traffic concerns on the popular “Grand Market” night, while others asked that the event be allowed on Main Street with stipulated conditions.
“Jamaica knows that every single town [will have] traffic. For Christiana, it is the same thing; we have to park at a certain point and walk into the town. I would not at this time suffer a gentleman who invested so much in an event and when I look at the other concern I want to ask the question: We have rented our park here for events, which one is closer to the hospital?” asked minority leader Councillor Omar Miller (Jamaica Labour Party, Craighead Division).
Councillor Anthony Bryce (People’s National Party, Newport Division) interjected during a point made by Miller on a point of order, but was interrupted by Miller when the latter explained that it was not done correctly.
“What is the point of order?” Miller asked.
Even though both councillors were told by a gavel-pounding mayor Mitchell to “stop the cross talking”, the tense exchange continued.
Deputy mayor and Councillor Rohan Kennedy (PNP, Mile Gully Division) voiced his disagreement to the proposed location of the event.
“Recently, Main Street is the only route now in the town that actually leads to the hospital. I mean suppose we have an emergency and, on a normal day, it takes people hours just to get to the council, just from the stop light. I am not against the event, I am just against the location,” said Kennedy.
Mayor Mitchell then put the matter to a vote, which resulted in nine councillors voting for the revocation to be upheld, two against it, and two abstained.
Among the two who voted in favour of the event to be held in the proposed location were the promoter’s older brother Councillor Ryan Peart (PNP, Spur Tree Division) and Miller. The two councillors who abstained were Claudia Morant-Baker (JLP, Porus Division) and Iceval “Cherry” Brown (JLP, Grove Town Division).
The promoter told the Jamaica Observer’s Splash that, while he is disappointed in the outcome of the municipal meeting, his lawyer has written to the municipal corporation over several concerns.
“Another issue that is of major concern is when you look at the number of events that receive permission on the same night within the town itself; it is ridiculous. I saw an event held on Sunday at the back gate of the hospital in the parish council parking lot, so this raises questions as to how the parish council does their approvals for the places of amusement in terms of permits being issued,” he said.
“My attorney is standing solid on this one,” Peart added.
He also said he is exploring explaining to the council that the entrance to the event can be changed from Main Street to Caledonia Road and exit beside Lyn’s Funeral Home. Peart told Splash that he is in dialogue with a prominent businessman to have parking available on a four-acre property at Nashville.