Fete promoter wins court case against EMA

CARNIVAL events management company Wild Goose Ltd has won its case against the Environmental Management Authority (EMA), after the latter ordered the former to shut down an event it was hosting in 2019.

On Friday, High Court judge Margaret Mohammed ruled that the decision to shut down the Tailgate Carnival event on February 27, 2019, before the scheduled 2 am end time was illegal, unlawful, and unauthorised.

A copy of the judgement obtained by Newsday also said shutting down the event was in excess of the EMA's jurisdiction, was an abuse of power, and conflicted with the Environmental Management Act and the Noise Pollution Control Rules.

“It is clear that the (defendants) failed to satisfy or observe the conditions or procedure required by law, in particular the Environment Management Act and/or Police Service Act, prior to exercising their power or authority to shut down and/or stop and/or terminate the (event) before the scheduled end time of 2 am,” Justice Mohammed stated in her ruling.

The judgment said on the night of February 26, officers from the Environmental Protection Unit (EPU) were monitoring sound levels at the event held at the Queen’s Park Savannah. The officials said the noise was higher than what is permitted under the noise variation obtained by Wild Goose Ltd when it applied to host the event.

The ruling said the claimant (Wild Goose) had obtained the noise variation which permitted them to play music at the event at 85 decibels from 6 pm to 8 pm and then at 75 decibels from 8 pm to 2 am on February 27.

At around 11.40 pm, the DJ announced that the EPU had shut down the event and instructed patrons to leave the savannah.

Attorney for Wild Goose Ltd Rhyjell Ellis, in a brief phone interview with Newsday on Sunday, called the victory a landmark decision. He said he and advocate counsel Christophe Rodriguez believe the police were previously abusing their powers.

“There was a lot of confusion surrounding police powers as it pertains to shutting down events specifically for noise levels,” he said.

“There is no written legislation or law that permits any authority to shut down an event explicitly for noise levels being over any permitted limit,” Ellis said.

He said to be shut down, the offence must amount to a public nuisance or a breach of the peace. “In the absence of both, they don’t have the power to do that.”

In a statement, Wild Goose TT said the victory is one they welcomed, but with great responsibility.

“Our mission isn’t to find ways around the law or to abuse it, but instead use this opportunity to have fruitful and long overdue dialogue with the TTPS and EMA along with other stakeholders on how we charter the way forward.”

It said, “We believe our local entertainment industry is a diamond in the rough and to unearth its true brilliance the players and the laws that govern the industry must commit to responsible innovation.” Newsday was unable to reach EMA officials for comment.