AND THE ENTERTAINMENT INDUSTRY: A discussion of the Noise Abatement Act, The Kingston and Saint Andrew Corporation (Places...
THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT
THE MOTION PICTURE INDUSTRY  (ENCOURAGEMENT) ACT <ul><li>A “motion picture production” is defined in the Act as including ...
THE MOTION PICTURE INDUSTRY  (ENCOURAGEMENT) ACT <ul><li>The order once granted, will remain in force for the period not e...
THE MOTION PICTURE INDUSTRY  (ENCOURAGEMENT) ACT <ul><li>(a) the production facilities provided by or available to the exi...
THE MOTION PICTURE INDUSTRY  (ENCOURAGEMENT) ACT <ul><li>Free entry of plant and building materials </li></ul>Recognized m...
THE MOTION PICTURE INDUSTRY  (ENCOURAGEMENT) ACT <ul><li>Relief from customs duty, stamp duty and tax:- </li></ul>Where a ...
THE MOTION PICTURE INDUSTRY  (ENCOURAGEMENT) ACT <ul><li>Relief from Income Tax:- </li></ul>Where a recognized motion pict...
THE MOTION PICTURE INDUSTRY  (ENCOURAGEMENT) ACT Capital expenditure incurred in the acquisition of motion picture facilit...
The Entertainment Industry (Encouragement) Bill   <ul><li>(a) the operation of music studios, resort studios, entertainmen...
The Entertainment Industry (Encouragement) Bill <ul><li>seeks to limit the maximum life time of each order to 10 years, af...
The Entertainment Industry (Encouragement) Bill <ul><li>establishes an Entertainment Advisory Board  that will among other...
THE NOISE ABATEMENT ACT Annoyance If a sound is audible beyond a distance of one hundred (100) metres in the vicinity of a...
THE NOISE ABATEMENT ACT Offences Where a person sings or plays upon or sounds any musical or noisy instrument or operates ...
THE NOISE ABATEMENT ACT Offences The maximum fine is fifty thousand dollars ($50,000.00) (for 3rd time offenders) and the ...
THE NOISE ABATEMENT ACT The Operator and the Occupier   It is also important to note that if the operator of the equipment...
THE NOISE ABATEMENT ACT <ul><li>the exemption of certain public holidays, such as New Years Eve from the provisions of the...
PLACES OF AMUSEMENT REGULATIONS A place of amusement is defined in the Regulations as any place which is open to the publi...
PLACES OF AMUSEMENT REGULATIONS In the case of a building, the licence will not be granted unless the KSAC is satisfied th...
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Reggae Conference Power Point Presentation Final

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One of the trio of presentations by Myers Fletcher & Gordon - this one focuses on the noise abatement act. Presented at the International Reggae Studies Conference 2010

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Reggae Conference Power Point Presentation Final

  1. 1. 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
  2. 2. THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT
  3. 3. THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT <ul><li>A “motion picture production” is defined in the Act as including the making and producing of motion picture and television films, acoustical accompaniments, recordings and sound transcriptions of every kind, the leasing, importing or otherwise acquiring equipment supplies, rights and personnel (in relation to same). </li></ul>
  4. 4. THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT <ul><li>The order once granted, will remain in force for the period not exceeding 15 years, and may on expiration be renewed. It may also such include terms and conditions as the Minister may think fit and will be conditional on the applicant undertaking to expend a specified amount of money in Jamaica on “local disbursement” for each production year. </li></ul><ul><li>&quot;Local disbursement&quot; refers to money spent in Jamaica for the purchase of any article manufactured or produced in Jamaica or as salary or wages. </li></ul>
  5. 5. THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT <ul><li>(a) the production facilities provided by or available to the existing producer are adequate to the actual or reasonably prospective needs of the applicant; and </li></ul><ul><li>(b) such production facilities will be made available to the applicant on terms that are in accordance with the normal motion picture production practice </li></ul><ul><li>the order will not be made. </li></ul>Existing producers may also voice their opposition to the granting of an order to the Minister. If the Minister is satisfied that -
  6. 6. THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT <ul><li>Free entry of plant and building materials </li></ul>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:- <ul><li>the articles are imported for the purpose of motion picture production; and </li></ul><ul><li>the articles cannot be manufactured locally. </li></ul>
  7. 7. THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT <ul><li>Relief from customs duty, stamp duty and tax:- </li></ul>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: <ul><li>a sum equivalent to the customs duty, stamp duty and general consumption tax paid on the article when it was imported, as certified by the Commissioner of Customs and Excise; or </li></ul><ul><li>a reasonable sum having regard to all the circumstances, if the Commissioner of Customs and Excise certifies that he is satisfied that the relevant taxes were paid, but is not satisfied as to the amount. </li></ul>
  8. 8. THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT <ul><li>Relief from Income Tax:- </li></ul>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.
  9. 9. THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT Capital expenditure incurred in the acquisition of motion picture facilities refers to - <ul><li>sums expended on the purchase, construction, repair or alteration of studios, laboratories, offices, dressing rooms, workshops and screening rooms necessary for the production of motion pictures, films, tapes or otherwise; and includes, where relevant, sums expended on labour, architectural and other engineering services; and </li></ul><ul><li>sums expended for materials, equipment, machinery, plans and other items used in motion picture production. </li></ul>
  10. 10. The Entertainment Industry (Encouragement) Bill <ul><li>(a) the operation of music studios, resort studios, entertainment complexes other facilities for recording or presenting acoustical performances, recordings and sound transcriptions; </li></ul><ul><li>(b) the provision of facilities for accessing, leasing, importing or otherwise acquiring equipment, supplies, rights or personnel for any purpose referred to in paragraph (a); and </li></ul><ul><li>(c) the marketing of any acoustic recordings and sound , transcriptions; </li></ul>A “music production” is defined as -
  11. 11. The Entertainment Industry (Encouragement) Bill <ul><li>seeks to limit the maximum life time of each order to 10 years, after which the order may be renewed; </li></ul><ul><li>specifically indentifies items that a recognized entertainment producer who is a musician ( a person who performs music on a professional basis and is his principal means of livelihood) may be entitled to import tax free (though this schedule is presently blank); </li></ul><ul><li>extends the period of income tax relief to a period of 10 years from the date of the first release of the entertainment production; </li></ul>The Bill also among other things:
  12. 12. The Entertainment Industry (Encouragement) Bill <ul><li>establishes an Entertainment Advisory Board that will among other things advise the Minister on all matters relating to the entertainment industry, identify opportunities for the development of Jamaica's entertainment infrastructure and the advancement of Jamaica as a premier location for entertainment products and services and monitor the implementation of the entertainment industry policy. </li></ul>
  13. 13. 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.
  14. 14. 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: <ul><li>the sound is reasonably capable of causing annoyance to persons in the vicinity; or </li></ul><ul><li>it is between 2 a.m. and 6 a.m. on a Saturday or Sunday , or midnight and 6 a.m. on a weekday. </li></ul>That person may be found guilty of violating the public peace .
  15. 15. 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.
  16. 16. 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.
  17. 17. THE NOISE ABATEMENT ACT <ul><li>the exemption of certain public holidays, such as New Years Eve from the provisions of the Act; </li></ul><ul><li>the exemption of certain locations or zones from which the playing of music is unlikely to disturb others, such as at Caymanas or at Mas Camp which may be said to be located in a more commercial than residential zone; </li></ul><ul><li>the exemption of concerts such as Sumfest which are seen as events that attract tourists, the holding of which are in the nation’s interest; and </li></ul><ul><li>the Superintendent or Commissioner of Police to consent to music being played beyond 2 a.m. where surrounding residences are in agreement. </li></ul>Thoughts for the Future Some members of the music industry have come forward with suggestions as to how this Act could be amended:-
  18. 18. 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.
  19. 19. PLACES OF AMUSEMENT REGULATIONS In the case of a building, the licence will not be granted unless the KSAC is satisfied that: <ul><li>the building is safely constructed with sufficient ventilation, lighting and sanitary conveniences; </li></ul><ul><li>there is free access to passages, aisles and exits; </li></ul><ul><li>that adequate security measures are in place to prevent patrons from entering with a firearms or other weapons; </li></ul><ul><li>the maximum number of persons which the building can safely accommodate is prominently displayed. </li></ul>
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