Dear Editor,
Over the recent years, there has been an increasing level of noise emanating from homes, weddings, funerals, churches, vehicles etc.
The Christmas Eve din of noise coming from music boxes lining the public roads at No.78 village, Corriverton, Corentyne, Berbice, Rose Hall and New Amsterdam, Berbice has now become a substantial noise nuisance and is totally unregulated.
I have spoken to a few officers of the police force who have said that permits are given by (a) the relevant town councils and (b) by the Guyana Police Force, for the persons concerned to use and operate music boxes and systems.
Firstly I can see no provision of the law that allows for the breaking of the law or any exception that permits being a noise nuisance.
Section 175 (1) of the Summary Jurisdiction (Offences) Act Cap 8:02 makes it a criminal offence to play music or make any form of noise, that is: “so loud and so continuous or repetitive as to cause a nuisance to occupants of premises in the neighbourhood.” There is no exception to this law as far as I am aware.
Secondly there is no law that permits the relevant Town Councils to grant any permission or licence or permits to anyone to play music or use any noisy instrument or equipment in the towns. Such permits/permissions etc are tantamount to aiding and abetting in the breach of the law. The Town Councils must stop this practice immediately if they are doing so.
Thirdly the Guyana Police Force has no authority to issue permissions/permits to the owners of these music systems to play music on the public road of these towns. I stand corrected but the only provision that allows the Guyana Police Force to issue a permit for the use of a noisy instrument is under the Public Order Act Cap: 16:03, Section 12 (1) and (2) and this is only for public meetings or processions and not for public entertainment.
Fourthly the use of these music systems is not regulated at all. Every year the owners of these music systems increase the number of music boxes/speakers to compete against each other. There is nothing to prevent these owners of music systems to move from 10 speaker boxes one year to 20 the following year and 30 the year thereafter etc. And this is what has been happening in fact. They are not regulated at all.
Fifthly the music from these systems are on many occasions, vulgar, abusive, racially degrading, incite violence against women, promote the abuse of alcohol, downright indecent and with no moral message and it is totally disgraceful.
Sixthly the amount of garbage and broken bottles, the road carnage by drunken drivers, the violent and bloody fights, lewd dancing and songs, the increased levels of violence and violent behaviour, the uninhibited use of indecent language, the thefts and pick-pockets and every conceivable immoral behaviour, speak volumes as to where our society is heading.
This situation is untenable and should not be allowed to go on by the Guyana Police Force, who are the enforcers of the law. This lawlessness must stop. The law abiding, Hindu, Muslim and Christian communities must make a stand against the noise nuisance or else the situation will get more out of control and beyond our control.
Magistrates Authority
I am surprised that even the Magistrates allow the usurpation of their authority (by the Guyana Police Force and the relevant Town Councils). Only the magistrates are permitted by law to grant a general or special music and dancing Licence under the Music and Dancing Licences Act Cap: 23:03.
I think I speak for the silent majority who would like peace and quiet in their homes and who are willing to accept some level of noise during the festive period but not an abuse of that privilege.
I think it is about time our parliament considers specific legislation similar to the Noise Act of the United Kingdom so as to deal with this out of control situation.
Private Motor Vehicles
I propose to deal on another occasion, with a further assault on the ear of many of us by the drivers of motor vehicles especially private motor cars that destroy the peace and quiet of many of our homes by their unbridled and unregulated use of the enhanced music systems in their cars.
Yours faithfully,
Mirza A. Sahadat, Attorney-at-law
Former Magistrate (Berbice) and
Former Land Court Judge (Berbice)
