An excited crowd from Fully Loaded 2002.
What more, what oonu want de poor people do?
Every dance whe dem keep oonu mek it curfew
Operation Ardent, Buju Banton
Leighton Williams, Staff Reporter
THE 'LONG arm of the law' has been accused of having a 'shortened limb' when it comes to certain entertainment events. There are promoters who think that their events are being targeted, while others are allowed to run uninterrupted.
At present Section 3 of the Noise Abatement Act, which came into effect in 1997, states that '...no person shall, on any private premises or in any public place at anytime of day or night (a) sing, or sound or play upon any musical or noisy instrument; or (b) operate, or permit or cause to be operated any loudspeaker, microphone or any other device for the amplification of sound, in such a manner that the sound is audible beyond 100 metres from the source of such sound and is reasonably capable of causing annoyance to persons in the vicinity'.
The concerns have mounted since, recently, the police have stepped up the pressure on some entertainment events, ensuring that they finish within the time that is specified under the law.
"Dem seh dance fi lock off 2 o'clock (a.m.), but some go on until way inna di morning while some lock off 2 o'clock. If one dance lock off 2 o'clock all a di dance dem fi lock dem time deh to," said a promoter who wished not to be identified.
The promoter's criticism of the police is justified when checks were made on the number of events which ended due to the enforcement of the Noise Abatement Act (Night Noise Act) in 2002. Promoter Worrell King, who is based in Westmoreland, was fined a total of $65,000 in the Savanna-la-Mar Resident Magistrate's Court on April 30 last year for breaching the Noise Abatement Act, following a report to the police on April 21. The promoter has continually contended, however, that when the police approached him the event had already ended.
In the same court on the same day, Clive Pringle of the MXIII Entertainment Centre in Negril was fined $15,000 or three months' imprisonment at hard labour for failing to comply with the Noise Abatement Act. The prosecution alleged that on April 21, 2002, Constable Conroy Owens of the Negril Police Station received complaints from residents of the community about the loud noise emanating from MXIII.
At least a week before Messrs. King and Pringle's legal woes, 'Reggae Fest 2002', held at The Marketplace in St. Andrew, was shut down after police insisted that the event end early.
However, that was probably the warning that the long arm of the law would be delivering a few knock-out punches to promoters of entertainment events. On Tuesday, June 25, 2002, the cops enforced the law on Bounty Killer's 'Double Platinum Party', held at the Villa Ronai. It is reported that the police intervened at about 2 a.m. when the party was in full swing. Subsequently, the music was turned off for a little while, while the police and the organisers tried to come to some sort of compromise.
On July 28, 'Fully Loaded', a calendar event held at Fort Clarence in Portmore, St. Catherine, was emptied by the lawmen at 2:00 a.m., after they insisted that the cut-off time be upheld. The ending of the dance 'too early' caused a bottle-throwing incident. On September 13, Taylor Hall's 'Outrage Short Shorts Foam Party' was ended at 3:00 a.m. It is reported that shots rang out in the morning air, but as to who fired them, that has remained a mystery.
Six weeks later, the police would also douse 'Fire 2002', held at The Marketplace, early on the morning of Tuesday, October 23. The abrupt end came while the 'Fireman' himself, Capleton, was on stage. The police had been gearing up to end the night's proceedings at The Marketplace from 4:30 a.m., when police car sirens started blaring from outside the venue.
The 'Stone Love 30th Anniversary' party, held at The Market Place on December 14, did not end as a dream anniversary would. The police would intervene to cut the event short at minutes after 4 a.m.
On Saturday, January 4, 2003, Jagga B's 'Dancehall's Biggest Giveaway', held at Skateland in Half-Way Tree, St. Andrew, ended with shots being fired and bottles being thrown after the police had gone to the venue to 'lock-off' the dance at minutes past seven the following
morning.
The most recent lock-off incident occurred last week Sunday at 'English Birthday Bash', held at La Roose in Portmore, St. Catherine. It is reported that the police had gone to cut the birthday party short when it ended in a meleé, resulting in more than five persons shot and injured, several of whom had to be admitted to hospital.
However, while the law's 'long limbs' have choked and battered many dances over the past year, some have been allowed to slip through their fingers. For example, another promoter, who wished not to be named, questioned how 'Sting 2002', held at Jamworld in Portmore, was allowed to end at minutes to seven in the morning, while other events are stopped much earlier. One of the promoters of the Sting show is an ex-police officer. In addition senior police officers including Senior Superintendent Renato Adams, were at the venue until after 6 a.m. and no attempts were made to close the event.
Another instance of an event slipping through is said to be UTech's Fresher's Fete, which was reportedly allowed to go until 5:00 am, while Taylor Hall's 'Outrage' was ended two hours earlier. Vybz Cartel's 'Birthday Bash' held at La Roose on January 11 was allowed to end at minutes past six, although the police had passed through the venue at least twice between the hours 3:30 a.m. and 5:00 a.m.
The accusation that the law's arms contracts for some events is rebutted by head of the Constabulary Communications Network (CCN), Superintendent James Forbes. "I don't know about that (that events are given special treatment). The law speaks to an event ending at 2:00 a.m. If something is being held and it is not disturbing anybody it sometimes goes on until 6:00 a.m.," he said. "I heard the argument on Sunday that certain events are targeted. But I have never heard of it before that," he continued.
In terms of why Vybz Cartel's Birthday Bash and Sting were allowed to continue while English's Birthday Bash shut down although they were held at the same venue, Superintendent Forbes said he was not in a position to answer since he was hearing about that for the first time.
When contacted, the officer in charge of the Portmore Police Station said he was in Portmore for only two weeks, hence he could not comment on what took place before his arrival.
However, as to whether or not the police can enforce the night noise law without a complaint, Superintendent Forbes told The Sunday Gleaner that once the event was audible even after 100 metres it would be considered a nuisance. Consequently, the police can act without a complaint being lodged.
However, the police have been accused of being biased especially when money is factored in. "Sometimes you have to pay them (the police) when dem come fi lock it off. Yuh haffi fi gi dem a ting fi mek di dance gwaan," said a promoter with whom The Sunday Gleaner spoke. He added: "Sometimes dem come an' ask fi money an' seh dem we lock off the dance. It depends on how much a dem come. Sometime yuh gi dem a $10,000, but dem sometimes ask fi more so yuh try to meet dem demand."
However, if there are cases of extortion on the part of the police, they have never been reported to the Office of Professional Responsibility (OPR). "I've never had any complaints of extortion of promoters by the police and I'm not aware of any such case. Certainly, I would encourage persons who any demand is made of to come forward with their complaints," pointed out Deputy Superintendent of Police, Miguel Wynter.
In all of this, not all promoters speak ill of the cops. At least one had something good to say. "I don't think the police target certain events. I've had to work with them and they are usually co-operative. Usually when I write to them requesting to stage an event they grant permission," said promoter of 'Main Event' , Errol Wonder.
