DPP calls on Top Cop to clamp down on noise nuisance

The Director of Public Prosecutions (DPP), Shalimar Ali-Hack, has asked the Commissioner of Police (ag), Clifton Hicken to crack down on noise nuisance across the country after her office received a signed petition against loud music being played in an East Coast Demerara (ECD) community.

In a statement on Friday, the DPP Chamber said it received a complaint and signed petition from residents of Enmore, ECD, on August 30, 2022, in protest of loud music being played in the area.
To this end, the signatories on the petition were requested to visit the DPP’s Chambers for statements to be taken from them between working hours (09:00h to 15:00h) on Monday to Friday.
Meanwhile, DPP Ali-Hack has also written to Commissioner Hicken to launch a campaign against noise nuisance.
Commissioner Hicken had previously stated that members of the public can look out for the Guyana Police Force’s proactive arrangement in terms of dealing with noise pollution, which is expected to bring some degree of relief.
According to Top Cop, the Force continues to develop partnerships with wider stakeholders, and they will ensure that more focus is placed on noise pollution in a constructive way.

In fact, the Police Force is collaborating with the Environmental Protection Agency (EPA) on this issue and the two entities had even signed a Memorandum of Agreement to tackle noise nuisance.
The agreement paves the way for greater collaboration between the EPA and the GPF in the areas of training and enforcement of noise management. The EPA had also presented the Police Force with 25 sound level meters in July to aid in its efforts to curb noise nuisance.
Only last month, Deputy Commander of Regional Division Three, Superintendent Khalid Mandal, had explained that the Police’s Offence Act does not cater for hefty fines for offenders. However, he pointed out that this collaboration with the EPA is allowing for more implementation of penalties such as heftier fines against those who continue to break the law.
“We recognise that when we charge people under the Summary Jurisdiction Act… the fine for the first conviction is very small – $7500 to $10,000 and to $15,000. For the second offence, $10,000 to $20,000. Under the EPA act, it is much hefty. It starts at $80,000 to $750,000. So, with us getting that Act, that will be a deterrent in itself,” the officer had pointed out.
Mandal had contended that such hefty fines would be a good move to put a stop to those who refuse to comply with the laws.
Nevertheless, the DPP Chamber in Friday’s missive urged persons affected by this scourge of noise nuisance to report it to the nearest police station in their or surrounding community.
However, it was noted that if affected persons do not get a satisfactory result at the police station, then they are free to file a complaint with the DPP’s Office.
On this note, the DPP’s Office reminded citizens that noise nuisance is a criminal offence in accordance with Section 174 (A) of the Summary Jurisdiction (Offences) Act Chapter 8:02.
This Section States: 174 (A) (1) “No person shall, in any road, street, public place or land or in any building or premises, by operating or causing or suffering to be operated any stereo set, juke box; radio, wireless loud speaker, gramophone, amplifier, automatic piano or similar instrument of music or by any other means whatsoever; make or cause or suffer to be made any noise which shall be so loud and so continuous or repetitive as to cause a nuisance to occupants of any premises in the neighbourhood.”
Part two of that section goes onto outline: 174 (A) (2) “Any person who contravenes the provisions of subsection (1) shall be liable on summary conviction to a fine of not less than seven thousand five hundred dollars nor more than fifteen thousand dollars and to imprisonment for six months and on a second or any subsequent conviction to a fine of not less than ten thousand dollars nor more than twenty thousand dollars and to imprisonment for twelve months.”
Meanwhile, Section 174 (B) (1) of the Act states: “A driver of a motor bus or hire car shall not play or allow anyone to play music in the motor bus or hire car, whilst the motor bus or hire car is plying its route or parked in a public place.”
At 174 (B) (2), it adds “A driver of a motor bus or hire car who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not less than seven thousand five hundred dollars, nor more than fifteen thousand dollars and to imprisonment for six months and on a second or subsequent conviction to a fine of not less than ten thousand dollars nor more than twenty thousand dollars and to imprisonment for twelve months.”