Adrian Frater, News Editor

Western Bureau:

The seemingly selective application of the Noise Abatement Act, which sees some promoters facing rigorous enforcement while others are allowed to operate with impunity, is becoming a source of increasing concern in the entertainment industry.

Three weeks ago, Negril-based promoter Clive 'Cubba' Pringle, who is also chairman of the Negril Entertainment Committee, was hauled before the Savanna-la-Mar Resident's Magistrate Court and fined $50,000 because the Bob Marley Birthday Bash, which he staged at MXIII Lawn, contravened the Noise Abatement Act as it went beyond the legal 2 a.m. cut-off time.

Chose to breach law

When the police arrived at the venue at 2 a.m., reggae legend Bunny Wailer was onstage as the patrons, especially the large number of tourists, were having a fine time. Faced with the choice between complying with the police's "stop the show right now" and breaching the law, Pringle chose the latter.

"I just could not see myself stopping the show and turning out the visitors who had travelled from all over the world to come here for their vacation," said Pringle. "I really didn't like the idea of disobeying the police, but I felt I had no choice because of the situation."

To make a mockery of Pringle's situation at MXIII Lawn, on March 14, Negril played host to the annual Miami/New York Link Up Crew's 'Spring Break 2009' at Long Bay Beach Park. Despite being located on the hotel belt and having several policemen, including some who were providing security on location, the show went unimpeded until 5:30 a.m.

"Although they tried to stop my show and then allowed this one to continue uninterrupted, I can't say I am unhappy," said Pringle. "In fact, I am happy for this promoter and I hope that, come next year, the authorities will show me the same kind of love."

Serious inconsistency

However, for top promoter Worrell King of Western Consciousness, who was strongly reprimanded and fined $60,000 in the Savanna-la-Mar RM Court when he breached the Noise Abatement Act six years ago, the whole situation smacks of serious inconsistency, if not hypocrisy.

"The law is the law and it is wrong to treat one promoter differently from another," said King. "If the cut-off time is 2 a.m. for one promoter, it should be the same for all promoters … the law cannot be biased against some people … that is hypocrisy."

The Sunday Gleaner made several attempts to get a response from the police high command in Westmoreland on the apparent inconsistency in administering the controversial matter. However, each person contacted referred The Sunday Gleaner to someone else.

"As far as I know, it should be one law for all, but what you probably need to do is to find out from those granting permission why this inconsistency exists," a police told The Sunday Gleaner on condition of anonymity because he was not authorised to speak. "Sometimes they get permission from as far away as Kingston."

The controversy surrounding the Noise Abatement Act, which stipulates that "entertainment events should end at midnight during the week and 2 a.m. on weekends", is nothing new as during the lead-up to last year's Reggae Sumfest, there was a raging debate among stakeholders in the entertainment industry.

All events must comply

In announcing the new crackdown in western Jamaica last year, former St James commanding officer, Superintendent Steve McGregor, and the then Area One divisional commander, Assistant Commissioner of Police Clifford Blake, told a press conference that all entertainment events, including Reggae Sumfest, would have to comply with the Noise Abatement Act.

However, as Reggae Sumfest loomed and the debate intensified as to whether they would be forced to comply with the law, a major announcement came from the Ministry of National Security stating that, based on an application from the Jamaica Tourist Board, Reggae Sumfest had received a special designation, permitting the organisers to operate outside of the Noise Abatement Act.

The special exemption given to Reggae Sumfest, and later the Jamaica Jazz and Blues Festival, resulted in cries of 'hypocrisy' from several promoters, including businessman Clive Bowen, the promoter of 'Japsy Thursday', who became the centre of controversy after Montego Bay was partly locked down by an irate mob after the police came and stopped one of his events in April.

Since the special designation was given to Reggae Sumfest and the Jamaica Jazz and Blues Festival, the Negril and western Jamaica MSMEs (micro, small and medium enterprises) have initiated dialogue with Minister of Information, Culture, Youth and Sports, Olivia 'Babsy' Grange, seeking similar designation for a planned entertainment zone. At a meeting last September with the Negril group, Clifton 'Specialist' Dillon, a special adviser to Minister Grange, said that based on the case the group was making, its request could well get favourable consideration.

"The organisers of Reggae Sumfest made out a special case to Government and they got a special exemption so once they (Negril and western Jamaica MSMEs) have a justifiable case I am sure theirs could get a similar consideration," Dillon said at the time.

Voicing concern

However, with no further word from Government on the request of the Negril and western Jamaica MSMEs and the current situation regarding the application and non-application of the Noise Abatement Act, various stakeholders, including patrons, are now voicing their concerns about the matter, some affixing a class tag to it.

"A just a straight almshouse thing dem a gwaan with," said Anna-Kay Smith, a regular Westmoreland stage show fan. "As I see it, it is OK for those who have friends in high places to stage all-night events but is not so for the ordinary man.

"That is why some people have no regard for the law," continued Smith. "How can you have a law that is selective … people won't take it seriously."

Promoter King, who will be staging the 21st renewal of Western Consciousness on April 25, has shifted venue from the perennial Llandilo Cultural Centre in Savanna-la-Mar, where he got into problems with the police, to the remote Paradise Park on the outskirts of the town.

"Where I am now at Paradise Park, the only living thing I can disturb are the cows on a nearby pasture," said King. "So I am hoping I won't have any problems."