Noise levels are needed at law (1)
Trying to get central government to do something about regulating the continuous noise coming from open-air establishments, particularly late at night or very early in the morning, is proving to be tough. As various readers from Attard have already written, this problem has been going on for years on end. I’m sure residents of other places nearby can confirm this too.
A point I always raised is that there are no laws, regulations or legal notices controlling noise from establishments – or at least they do not define what constitutes a nuisance in measurable terms, i.e. in sound levels. Meetings to tackle the problems of noise from Ta’ Qali in Attard, especially noise during the night from parties, always come to the same conclusion: the laws are weak or non-existent.
Law enforcement officers need clear and enforceable rules which they can then enforce. There can be no interpretation of what constitutes a nuisance if the law sets measurable limits.
Following a discussion at local council level, I did a quick search on the internet to try and find legislation on the matter in other countries. Up came regulations from Victoria in Australia – the
sound levels are set in decibels and depend on the venue and the time of the event.
If the government and Parliament will not act and refuse to give workable and enforceable legislation to the police, then it is safe to say that it is once again favouring particular business interests over residents.
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John Fenech
Aug 8th 2012, 18:00
Mr Camilleri,
For some reason or other you seem that you had completely missed the original comments, therefore let me refreshing your memory quote, “In fact, we sent invitations to all Local Councils, through the LCA and the DLG, in order to form a partnership to raise awareness about noise nuisance. However, sadly only a couple have answered the invitation. In our opinion, this is a disservice to their local constituents”.
You were surprised that I wanted to help the councillor. Why? Maybe because they do not want to help themselves, since for the past 18 months they have failed to answer our call to find a common platform to raise awareness about noise nuisance.
This did not deter us as a matter of fact I have managed to get in touch with a few of the Local Council to tackle this problem. As regard safety, I had given a presentation about the hazard of noise to the State Health and Safety teachers so that they may put this issue on the schools curriculum. I am also to present the same subject to the private schools before the coming scholastic year. I have also given another presentation on the awareness to noise nuisance at the Floriana Local Council. Others are to follow at the other council who have show interest.
This week I will be meeting with the Director of the Department for Local Councils to discuss how our suggestion may be implemented to protect the right of the individual to the quiet enjoyment of his property.
We are proud that we had been instrumental in the suggestion which were presented in the white paper “NEIGHBOURHOOD NOISE PREVENTION, ABATEMENT AND CONTROL”
Furthermore, we had always supported those who have asked for our help.
If you had followed some of the letters and article, I had posted in the TOM than you will might have a different opinion if I am versed with the local legislation intended to control noise and if you wish to be acquainted with several topics concerning noise check our facebook profile.
What can I say if you wish to contribute to our cause you are welcomed, so far we heard a lot of sound but not substance.
John Fenech
Aug 5th 2012, 15:30
Mr Anthony Borg,
Thanks for your interest, you may either contact us on facebook – nasomalta, or thorugh our email address.
Thank you
John Fenech
NASoM
John Fenech
Aug 5th 2012, 15:23
Mr Paul Camilleri,
For clarification, I had no intention to discuss if noise is a nuisance or if the complaint was genuine. We know it is, since it had been ongoing for several years the question is what did the Local Council do to alleviate the residents from this problem?
Therefore, I was offering our NGO’s assistance, since it seems that the counsellor does not know that there are regulations, which control the entertainment industry. For instance the Trading Licence Law as established at chapter 38 and in Second schedule.
In reference to sound level criteria, although this the objective way to establish if the noise is a nuisance on the other hand any unwanted sound is noise.
John Fenech
NASoM
paul camilleri
Aug 6th 2012, 13:36
Dear Mr Fenech.
It surprises me that you want to help said counsillor, however i note that you did not get up from your chair and make an appointment to meet this person, instead you asked him to come to your offices!!
This Mr Fenech is what is call to darn lazy to get up of the chair and go meet a person!!!
Since you are and were aware of our plight for several years why has nothing been done about it??
Open aired discos fall under a number of infrigments criterias and could be closed down or silenced for a number of exhisting prohbitations.
first that comes to mind is health and safty regulations at place of work
how many employees of these establishments wear ear protection?( this is a warning then fine ofence)
Are its clients warned adequatly of the dangers in entering a high decibel level of sound. like smoking signs should be put up to make its clients aware of the risks ( that is a massive fine in itself)
health issues under the circumstances clients that enter this establishment even if warned of the dangers could be closed down or volume regulated by the health authourities due to the damage of hearing of the younger generation is being inpared by such high sounds. ( this in itself would instigate a lower sound level automatically)
there Mr fenech just a few avenues to drive up on by a guy that have remained quiet for a very long time and knows nothing about entertainment laws and other laws but uses common sense!!
GL Calleja
Aug 4th 2012, 18:33
What a bunch of hogwash. I remember being at an establishment at Mellieha in the seventies and if they were still playing loud music past past 1:00AM or maybe 2:00AM ( sorry this was in the seventies and it is hard to remember). Anyway the policeman on duty used to come and make them stop even though the place was still full of tourists.. A certain lady made sure of that because she used to be very alert and every night she used to call the police station if the noise did not stop at that time. So being there is no law against offensive noise is hogwash. I think that these proprietors own the politicians, if not the whole police department. Money talks and bullshit walks, and money is doing the talking.
paul camilleri
Aug 4th 2012, 15:17
Counsillor Cassar, i would suggest that you make arrangements and meetings with other local councils such as zebbug rabat etc where the noise distubance is a common factor and tackle the situation together.
if these councils merge together then one can orginaise demostrations as well as even taking the central govenment and other authorities to court to revoke the permit that these discos have obtained and are breaking more than local residents right but whole towns right to a decent nights sleep.
if i am correct before any permit is issued the planning authourity was supposed to publish for a certain amount of time so that residents can either agree or object to the issue of a permit.
also they have negleted to consider the envioment impact that loud music may have to neighbouring towns/villages and people living in close vicinity of these discos.
John Caruana
Aug 4th 2012, 15:04
U meta se nikkontrollaw il-0hsejjes esagerati ta' certi motorcycles jew sportscars li uhud minnhom qazzu d-dinja specjalment bil-lejl?
paul camilleri
Aug 4th 2012, 15:36
this is true but sports cars and motor bikes are just a few seconds and are gone.. a disco is continuous and last up to between 6 and 8 hours!!!!
A Bonett
Aug 6th 2012, 11:40
With all due respect to Mr. Caruana and Mr. Camilleri, the noise you are mentioning, whilst very very valid arguments are still none to the ones I have to bear - HVAC unit runing 24/7, continous humming noise, and I cannot open the window in these hot summer months !! This is located on the rooftop of a commercial establishement located in very densely residential area !
James McIntosh
Aug 4th 2012, 11:49
Why not look at the UK model on environmental noise pollution. Local councils have a monitoring and enforcement team, which is tasked with gathering evidence, including recording the levels for court evidence, on a 24 hours a day basis .If an infringement is recorded the perpetrator is compelled to reduce the noise to acceptable levels and a warning to comply with standards, a further infringement in that same period of operation can result in instant confiscation of ALL the sound reproductive equipment. It is then withheld from the user until the court case is settled. If the case is found proven then the equipment can be permanently confiscated as well as hefty fines for wrongdoers. If the case is found to be not proven then the equipment is returned to the owner. Noise pollution is also a health issue as it can cause PERMANENT deafness, so there is an employee Health and Safety issue to be also considered for those at work in these premises. It is surely time to curb these selfish people who destroy other people's sleep and place their hearing in danger for their own ends. A ploitical party that publicly promises to take this issue in hand is sure of my vote
Mr Tony Gatt
Aug 4th 2012, 15:16
@ James McIntosh
You are right- I have seen this in action and it works in the U.K. For all I know the law exists in Malta but who is going to enforce it? I once met somebody who told me he never paid parking fines-friends of friends, as always in Malta
Joe Mallia
Aug 4th 2012, 11:20
We are getting sick and tired of the empty talk and promises about noise pollution. What we expect is action against the untouchables.
John Fenech
Aug 4th 2012, 11:17
Dear Sir,
If you are interested, NASoM is, only a few kilometres away, and we will be happy to discuss any issue concerning noise nuisance in order to find the necessary solutions. In fact, we sent invitations to all Local Councils, through the LCA and the DLG, in order to form a partnership to raise awareness about noise nuisance. However, sadly only a couple have answered the invitation. In our opinion, this is a disservice to their local constituents.
John Fenech
Chairman (NASoM)
nasomalta@gmail.com
paul camilleri
Aug 4th 2012, 15:32
with all respect to you and your organisation this is the major problem in Malta. discuss, what is there to discuss??? all you got to do is go to Attard Rabat or Zebbug at around midnight and you can hear for yourself the noise level we have to put up with!!!! you dont even have to get out of the car just wind your window down, your even more than welcomed to come to my house and listen, invite friends along and we can have a disco ( music and DJ provided by yours truly Gianpula) on my roof !!!!!!!
Anthony Borg
Aug 4th 2012, 15:38
Mr.Fenech, I might have browsed in error but I could not locate The Noise Abatement Society of Malta, reportedly in Balzan. I did however connect to a Facebook link.
Can you please provide a proper link to the website for NASoM
Thank you
Peter Murray
Aug 4th 2012, 10:02
And if they were enshrined in legisaltion t-hese noise levels -who would ensure or enforce them?
James McIntosh
Aug 5th 2012, 10:38
It only needs ONE DJ and/or club to lose their sound equipment before there would be an immediate change of attitude. no sound system equals no disco, full stop.
One high profile confiscation, with the threat of further confiscations on other culprits, is all it would take. Other clubs and establishments would see that there was a REAL threat to their quick buck livelihood, and tone it down accordingly or face a similar fate, i.e. no sound system = no disco = no paying customers = bankruptcy. Job done. Simply fining these polluters is no deterrent, as the money involved in nightclubs is vast and easily recovered the next night. Automatic removal of the sound system is the only cure and deterrent to the ego tripping DJ's who nightly blight owr lives.
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