Publication: Daily Nation
Paper Section And Page: 8
Paper Date: Mon, Mar 20, 2000
Byline: Beverley Walrond QC
This article has been prompted by a very sad letter that was written to Dear Christine in your paper of Tuesday, February 22, 2000. The suffering householder, the members of her family and especially her mother aged 80 years were experiencing great pain and inconvenience because her neighbour plays his music at such a loud pitch that the glasses in her cabinet tinkle (vibrate) and her old Rediffusion set on the wall shakes. She related that the offending neighbour had been asked by her and by other neighbours to cease and desist and that she had called the police who spoke with him, but that he had continued his behaviour as soon as the police left. The letter-writer related how hear 80 year old mother is driven to tears because of this unreasonable neighbour.
This letter brings into sharp focus a very real problem which has perennially reared its head the problem of noise in Barbados. Residents and visitors alike complain. It is a public health problem, as having to listen to music played at a very high decibel level will easily result in deafness. However, long before deafness becomes evident, persons are denied a peaceful existence in their homes, especially at night, and suffer from the pain of being subjected to the assault.
Christine advised the person to continue to call the police and expressed the view that the police should be able to remove the set. However, I believe that the police may not have the power to enter anyone's house and remove their set in the present state of the law, and so essentially, the police are restricted in situations like this to trying to use moral persuasion.
There is no doubt that the householder has a remedy in the law of nuisance and can bring a High Court action seeking an injunction restraining the offender from continuing to play his music at an unreasonable level. But it has to be understood that not everyone has the resources to launch such an action with its attendant legal and other expenses, and the result in any event is not immediate, although such an action can be undertaken within a short time.
The police ought to be provided with powers to prosecute anyone behaving in such a manner and to seize any offending instrument through which the nuisance is being perpetrated. The Highways Act in Barbados provides that it is not lawful for any person to perform upon any loud musical instruments on or within twenty-five yards of any highway except within a dwelling house or enclosure and except within the terms of a permit granted by the commissioner of police.
However, this provision cannot assist the complaining householder precisely because the noise is emanating from a dwelling house. However, in Jamaica, the police have the power to seize on the spot any instrument, set, or thing from which noises over a certain decibel level emanate when heard from a certain distance, and this legislation has been in place for more than 30 years.
In Barbados, it is my recollection that many years ago, when Miss Billie Miller was the Minister of Health, she had announced such an initiative, but I have not been able to locate such a provision. The Health Services Act has regulations to combat nuisances, but the nuisance of noise pollution is not specifically included therein.
I would advise any person suffering in the manner above stated to consult the attorney-at-law of their choice and have a letter written to the offender and be prepared to go forward with an action.
I also know that the Environmental Division of the Ministry of Health has an instrument which is able to measure noise - the police probably also have such an instrument (having regard to the legislation in respect of minibuses etc.), and they could be asked to assist in establishing the actual noise levels being complained of, as such would be very strong evidence in the event that a civil action is brought in the High Court for an injunction. However, I would suggest that this matter needs to be looked at urgently by the public authorities with a view to putting the necessary legislation in place as the problem is widespread and pervasive.
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