Senior Reporter-Investigative
jensen.lavende@guardian.co.tt
There will be no fetes/parties and events at the Samaan Estate, St Clair for the foreseeable future unless an injunction granted on Friday is lifted.
In a three-page ruling, Justice Eleanor Donaldson-Honeywell granted an interim injunction barring Ingrid Daniel and Samaan Estate Limited from “using or permitting the use of the premises located at 8 Hayes Street, St Clair, Port-of-Spain as a dancehall or venue for public events”.
The application for the injunction was filed by former chairman of Petrotrin Wilfred Espinet and the St Clair Residents Association.
The order also prohibits Daniel and Samaan Estate Limited from “blocking or impeding the driveways and gateways of the property of the applicant and members of the St Clair Residents Association with obstructions or nuisance including inconsiderate and indiscriminate parking and/or loitering or crowds; and playing excessively loud music and causing excessive vibrations.”
The injunction was granted the day the venue was used to host an event by the T&T Manufacturers Association (TTMA). Donaldson-Honeywell also gave restrictions to the event organisers, including guards to monitor the driveways and gates of the residents to ensure there was no indiscriminate parking. Anyone who violates this will be considered to have breached the order.
She also ordered that music be turned off by 11 pm and all attendees vacate by midnight. Two speaker boxes are to be placed inside the building and all performances are ordered to take place inside the building as well.
“In the event that the Respondents (Samaan Estate), whether by their servants and/or agents want to use the subject property as a dancehall and/or as a venue for public events, the respondents shall be at liberty to apply to lift the injunction,” the order said.
Guardian Media was informed that the restrictions were complied with.
According to Espinet’s application, there are events booked at Samaan Estate Limited for December 23, as well as January 1, 13, and 14, 2024, and February 5 and 10, 2024. Most of the events are Carnival events with some taking place during the day.
In his application, Espinet, 79, said the property was leased in 1920 for 199 years and prohibits that it be used or any part “from being used or occupied as a shop, or for the purpose of any public show or business or as barracks or other separate tenements or for any other purpose or in other any way than a single private dwelling house or building appurtenant.”
He added that the property is next to his and he has lived there for the past 23 years and in June he noticed events happening next door. He said reports to the St Clair Police Station were ignored as nothing was done to stop or curtail said events.
Espinet said the loud music would rattle the windows to his home with some events having paid bars. He argued that Friday’s event was a paid event with a cost of $650, inclusive of food and drink with live performances by Iwer George and Jadel. He submitted that as far as he was aware, there was no application to vary the use of the property, although there were six other events hosted there.
“I have personally experienced great inconvenience and distress since I live next door to the subject property. During each of these events I have had to endure excessive noise from loud music seemingly blared on speakers and loud patrons for prolonged periods of time; excessive vibrations causing discomfort such as the rattling of the windows to my home; disturbances to my sleep and/or sleeping pattern; disturbances to my general peace, comfort and private enjoyment of my property; and collecting of crowds and or loitering in the street in front of my property.”
This, he said, caused personal annoyance, discomfort, distress and inconvenience and prevented the peaceful use and enjoyment of his home. He said last Thursday the music was loud and increased around 10.45 pm and continued past 12.30 am.
With Friday’s event still on the cards, Espinet and his attorneys sought legal recourse to stop the event, which was scheduled to end at midnight. This was not granted, as a compromise the association sought to have the event end at 10 pm but the judge allowed for the event to end at midnight, as was advertised, with music stopping at 11 pm.
“I verily believe that these future events, if allowed to occur will continue to cause noise, nuisance and inconvenience to myself and the other members of the association. Unless restrained by this Honourable Court there is a real risk that the Respondents will continue to host special events contrary to the terms of the Head Lease, section 3 of the Theatre and Dancehall Act as well as section 44 of the Liquor Licences Act. I verily believe this is a very pressing and grave concern, especially with the upcoming Christmas and Carnival seasons” Espinet submitted, adding that there are other venues in Port-of-Spain that could be used to host these events.
In a letter to its members dated December 12, TTMA denied that tickets for Friday’s event were advertised on “islandEtickets” as submitted by Espinet. The letter said the tickets were for its 650 members with at least half showing interest in attending. It said the tickets and special invites were given to members and not the general public.
In their oral submissions, Samaan Estate, represented by attorneys Christophe Rodriquez and Thane Pierre, argued that Friday’s event was not a public event. The attorneys objected to the event being stopped and agreed with the compromise offered by the judge.
The attorneys will appeal to set aside the injunction, as per the order, to facilitate the use of the compound for upcoming events.
Espinet and the association were represented by attorneys Zelica Haynes-Soo Hon, Raisa Caesar and Kerri-Ann Oliverie.
In a brief interview on Saturday, Espinet said he was satisfied with the decision of the court. He added that only the Commissioner of State Lands can change the use of the property.
About the injunction, he said, “It was very effective, the impact of the injunction, in that the noise level was at a reasonable level and not as intrusive.”
As a former head of the TTMA himself, Espinet said the onus is on organisations to ensure that the venues used for their events are in keeping with the law.
In a letter to the editor in January 2018, Woodbrook resident Alban Scott wrote that disgruntled residents wanted Carnival fetes barred from residential communities.
Like Espinet and the St Clair Residents Association, Woodbrook residents for years have been clamouring for more to be done to protect against the loud music, indiscriminate parking and even urinating on their walls from patrons at mostly Carnival events with an almost nightly occurrence of such ills.
The Environmental Management Authority (EMA) has had several complaints over the years of excessive noise, particularly at Carnival by Woodbrook residents while the Port-of-Spain Corporation has had to deal with the urinating and indiscriminate parking.
Last month the T&T Police Service (TTPS) and the EMA agreed to increase the number of officers for the Environmental Police Unit (EPU) in the lead up to next year’s Carnival season.
The increase in manpower came a month after the Appeal Court ruled that fete promoter Wild Goose Ltd was not entitled to compensation after EMA stopped its event two hours earlier in 2019 when it breached the approved noise levels.
In their ruling Justices of Appeal Allan Mendonca, Prakash Moosai and Gillian Lucky deemed the noise generated by the fete as a “public nuisance.”
The legal noise level between 8 pm to 8 am is 65 decibels. As long as event promoters remain within this limit they are not obligated to apply for a variation. Variations allow them to have sound up to 85 decibels.
Those who breach the noise levels are fined $10,000 for a company and $5,000 for an individual. Repeat offenders are forced to pay a $10,000 bond upfront and if they re-offend that money is seized. For a breach to be detected the noise level must be above the approved pitch consistently for 30 minutes.