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Stop loud noises from outdoor functions: Court orders Waters Edge
View(s):The Colombo Chief Magistrate’s Court has issued a conditional order against Waters Edge (WE) over noise pollution from outdoor functions at the hotel.
Accordingly, the court has ordered the WE management to stop loud noises emanating from outdoor functions at WE, noting that such noises were causing harm to the health and physical wellbeing of residents in the vicinity. The order was issued in response to action filed under Section 98 (1) of the Criminal Procedure Code by the Officer-in-Charge (OIC) of the Welikada Police.
Police informed court that about 15 persons living in and around the vicinity of 1st Lane, Kalapaluwawa, Rajagiriya, had complained to the police on several occasions regarding loud noise from outdoor functions at WE, which had become a severe nuisance, as it prevented schoolchildren from studying, while also making it difficult for residents to sleep at night.
The Welikada Police had investigated every complaint, and after determining them to be true, had warned WE. Complaints, however, had continued on a daily basis on the 119 Emergency hotline. The WE management claims the noise level is below 40 decibels. Residents though, insist that the noise levels are extremely loud and were causing them severe inconvenience. Police have observed they do not have adequate knowledge of the 40 decibel level quoted by the WE management. As such, the OIC has appealed to court to order the Central Environmental Authority (CEA) to submit a report on the issue.
Police complaints against loud noise from WE outdoor functions have been made from July 2017 to September 2, 2018. In his evidence, Milinda Nirmal Weerasinghe (56), a Cabin Manager at SriLankan Airlines, noted that his house was situated about 150 metres from the perimetre of WE and that, he and his family were severely inconvenienced by outdoor functions held there in the night. “Functions begin in the evening and go on late into the night. Large speaker boxes are used to amplify the sound of music, while fireworks are set off at around 2 am. Functions go on until someone complains to the police,” he added.
Mr Weerasinghe said he was the third senior-most officer of the cabin crew, after the pilot and co-pilot and that, he has a huge responsibility regarding passenger safety.
“In the event of an emergency, I have to command 12 crew members and ensure that all passengers are evacuated from the plane within 90 seconds. We are given at least 12 hours rest in between flights to ensure we can work without being fatigued. But, it is extremely difficult to carry out such work when you are sleep deprived,” he told court.
He also noted that his daughter, who is also one of the complainants, is a pilot with SriLankan Airlines and that, she also lives in the same house. He pointed out that she was responsible for the lives of many passengers and it was impossible for her to report to work if sleep deprived. There have been occasions where they have both faced difficulties to report to work from lack of sleep owing to loud noises from nighttime outdoor functions held at the WE.
R.P. Indrani Rajapaksa (38), a teacher testified that she had two children aged 14 and 4 ½ years. The older was schooling in Grade 10. Temporary enclosures which the WE erects for outdoor functions are situated less than 500 metres from her house. She stated it was difficult for the children to study due to loud music from outdoor functions at the WE and that, she had lodged police complaints over the issue.
Attorney-at-Law Nalinda Indratissa, who appeared for the aggrieved parties comprising 16 complainants, told court that residents had been complaining about the issue for over a year. He pointed out that the police have to issue permits for events when people are using loudspeakers and that, a circular issued by the Inspector General of Police notes that police can’t issue permits for musical or other events where loudspeakers are used after 10pm. The authority issuing the permit must also inform the area magistrate. The circular also makes it clear that the party to which the permit is issued has a responsibility to ensure that, if a function is being held, any noise resulting from the function cannot be heard outside the hall.
Investigations have found no evidence that the court had been informed of permits being issued, and there is no evidence of a legally issued permit, the Attorney pointed out.
Taking the submissions into consideration, Additional Magistrate Kanchana N. Silva observed that on first impressions, it is clear that loud noises emanating from outdoor functions at the WE were causing harm to the health and physical wellbeing of area residents. Accordingly, she issued a conditional order that, when holding outdoor functions on its premises, WE take measures to prevent loud noises harmful to the health and physical wellbeing of residents in the vicinity.
Shaveendra Fernando, PC, who appeared for the respondents, requested that a report be called from the Central Environmental Authority regarding the decibel level of the sounds.
The case is to be taken up again on November 7.