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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 BOWIESIMONE BOWIEAttorney-at-Law & a Member of the

Jamaica Reggae Industry Association

THE MOTION PICTURE THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) INDUSTRY (ENCOURAGEMENT)

ACTACT

THE MOTION PICTURE THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) INDUSTRY (ENCOURAGEMENT)

ACTACT

THE MOTION PICTURE INDUSTRY (ENCOURAGEMENT) ACT

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).


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.

"Local disbursement" refers to money spent in Jamaica for the purchase of any article manufactured or produced in Jamaica or as salary or wages.


(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

(b) such production facilities will be made available to the applicant on terms that are in accordance with the normal motion picture production practice

the order will not be made.

Existing producers may also voice their opposition to the granting of an order to the Minister. If the Minister is satisfied that -

Existing producers may also voice their opposition to the granting of an order to the Minister. If the Minister is satisfied that -


Free entry of plant and building materials Free entry of plant and building materials

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:-

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:-

(a) the articles are imported for the purpose of motion picture production; and

(b) the articles cannot be manufactured locally.

(a) the articles are imported for the purpose of motion picture production; and

(b) the articles cannot be manufactured locally.


Relief from customs duty, stamp duty and tax:- Relief from customs duty, stamp duty and tax:-

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:

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:

(i) 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

(ii) 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.

(i) 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

(ii) 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.


Relief from Income Tax:- Relief from Income Tax:-

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.

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.


Capital expenditure incurred in the acquisition of motion picture facilities refers to -

Capital expenditure incurred in the acquisition of motion picture facilities refers to -

(a) 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

(b) sums expended for materials, equipment, machinery, plans and other items used in motion picture production.

(a) 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

(b) sums expended for materials, equipment, machinery, plans and other items used in motion picture production.

The Entertainment Industry (Encouragement)

Bill A “music production” is defined as - A “music production” is defined as -

(a) the operation of music studios, resort studios, entertainment complexes other facilities for recording or presenting acoustical performances, recordings and sound transcriptions;

(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

(c) the marketing of any acoustic recordings and sound , transcriptions;

The Entertainment Industry (Encouragement) Bill

The Bill also among other things: The Bill also among other things: seeks to limit the maximum life time of each order to

10 years, after which the order may be renewed; 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);

extends the period of income tax relief to a period of 10 years from the date of the first release of the entertainment production;

The Entertainment Industry (Encouragement) Bill

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.

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.

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.


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:

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:

the sound is reasonably capable of causing annoyance to persons in the vicinity; or

it is between 2 a.m. and 6 a.m. on a Saturday or Sunday , or midnight and 6 a.m. on a weekday.

the sound is reasonably capable of causing annoyance to persons in the vicinity; or

it is between 2 a.m. and 6 a.m. on a Saturday or Sunday , or midnight and 6 a.m. on a weekday.

That person may be found guilty of violating the public peace.

That person may be found guilty of violating the public peace.


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.

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 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 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.


Thoughts for the Future

Some members of the music industry have come forward with suggestions as to how this Act could be amended:-

Thoughts for the Future

Some members of the music industry have come forward with suggestions as to how this Act could be amended:-

the exemption of certain public holidays, such as New Years Eve from the provisions of the Act;

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;

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

the Superintendent or Commissioner of Police to consent to music being played beyond 2 a.m. where surrounding residences are in agreement.

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.

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:

In the case of a building, the licence will not be granted unless the KSAC is satisfied that:

the building is safely constructed with sufficient ventilation, lighting and sanitary conveniences;

there is free access to passages, aisles and exits;

that adequate security measures are in place to prevent patrons from entering with a firearms or other weapons;

the maximum number of persons which the building can safely accommodate is prominently displayed.

the building is safely constructed with sufficient ventilation, lighting and sanitary conveniences;

there is free access to passages, aisles and exits;

that adequate security measures are in place to prevent patrons from entering with a firearms or other weapons;

the maximum number of persons which the building can safely accommodate is prominently displayed.

reggae conference power point presentation final

Entertainment & Humor