Reggae Conference Power Point Presentation Final

AND THE ENTERTAINMENT INDUSTRY: A discussion of the Noise Abatement Act, The Kingston and Saint Andrew Corporation (Places of Amusement) Regulations, The Motion Picture Industry (Encouragement) Act and The Entertainment Industry (Encouragement) Bill Presented by SIMONE BOWIE Attorney-at-Law & a Member of the Jamaica Reggae Industry Association Jamaican Legislation

THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT

THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT ,[object Object]

THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT ,[object Object],[object Object]

THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT ,[object Object],[object Object],[object Object],Existing producers may also voice their opposition to the granting of an order to the Minister. If the Minister is satisfied that -

THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT ,[object Object],Recognized motion picture producers are entitled to import any plant, equipment, machinery and materials for the building of studios or for use in motion picture production free of taxes and duties. These concessions are granted on condition that he or she satisfies the Commissioner of Customs and Excise that:- ,[object Object],[object Object]

THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT ,[object Object],Where a recognized motion picture producer purchases any article in Jamaica which he would have been entitled to import free of duties and taxes, he is to be refunded: ,[object Object],[object Object]

THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT ,[object Object],Where a recognized motion picture producer incurs capital expenditure in the acquisition of motion picture facilities, an allowance equal to seventy percent of such capital expenditure shall, be given for the year of assessment in which the expenditure was incurred.

THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT Capital expenditure incurred in the acquisition of motion picture facilities refers to - ,[object Object],[object Object]

The Entertainment Industry (Encouragement) Bill ,[object Object],[object Object],[object Object],A “music production” is defined as -

The Entertainment Industry (Encouragement) Bill ,[object Object],[object Object],[object Object],The Bill also among other things:

The Entertainment Industry (Encouragement) Bill ,[object Object]

THE NOISE ABATEMENT ACT Annoyance If a sound is audible beyond a distance of one hundred (100) metres in the vicinity of a dwelling house, hospital, nursing home, infirmary, hotel or guest house, between 2 a.m. and 6 a.m. on a Saturday or Sunday, or mid- night and six 6 a.m. on all other days then the sound is presumed to cause an annoyance.

THE NOISE ABATEMENT ACT Offences Where a person sings or plays upon or sounds any musical or noisy instrument or operates or causes to be operated any loudspeaker, microphone or other device for the amplification of sound, that is audible beyond a distance of 100 metres from the source of the sound and: ,[object Object],[object Object],That person may be found guilty of violating the public peace .

THE NOISE ABATEMENT ACT Offences The maximum fine is fifty thousand dollars ($50,000.00) (for 3rd time offenders) and the maximum prison term is twelve (12) months. The equipment which was used to commit the offence may also be forfeited.

THE NOISE ABATEMENT ACT The Operator and the Occupier It is also important to note that if the operator of the equipment was asked to reduce or cease the sound and failed to do so, the operator may be guilty of an offence and fined an amount not exceeding twenty thousand dollars ($20,000.00) or face imprisonment for a term not exceeding six (6) months in default of payment. Further, the occupier of the premises on which the offence of violating public peace took place, may also be liable, if he or she was present at the time the offence was committed and failed to take all reasonable steps to prevent its commission. Similarly, the owner and/or occupier of the equipment will also be liable if he or she was also present, and failed to take all reasonable steps to prevent the offence.

THE NOISE ABATEMENT ACT ,[object Object],[object Object],[object Object],[object Object],Thoughts for the Future Some members of the music industry have come forward with suggestions as to how this Act could be amended:-

PLACES OF AMUSEMENT REGULATIONS A place of amusement is defined in the Regulations as any place which is open to the public, whether for a fee or free of charge, for the purpose of entertainment, including a cinema, dance-hall, club, open air dance venue, amusement arcade, festival, discotheque or skate ring.

PLACES OF AMUSEMENT REGULATIONS In the case of a building, the licence will not be granted unless the KSAC is satisfied that: ,[object Object],[object Object],[object Object],[object Object]

Reggae Conference Power Point Presentation Final

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