The Privy Council has refused Wild Goose Limited permission to appeal an Appeal Court ruling issued last year in relation to its case against the Environmental Management Authority.

The matter stems from the Tailgate event during Carnival 2019 which was shut down for exceeding noise levels outlined in a Noise Variation granted by the EMA.

In June 2021 High Court Judge Margaret Mohammed ruled that the EMA and the police did not have the power to do so, however in October 2023 the Appeal Court set aside that decision.

On May 8th 2024, the Privy Council refused Wild Goose Limited’s application for permission to appeal, stating that the application does not raise an arguable point of law or a point of law of public importance.

In a statement, the EMA says the Privy Council also upheld the following pronouncements of the Appeal Court:

1. “As part of a police officer’s duty, and in the exercise of his discretion in all the circumstances of the case, we are of the view that the decision may rightly be made to take all reasonable steps to immediately abate a public nuisance. The need for such latitude is even more apparent when contemplating the specialist function of Environmental Police Unit officers, one of their chief responsibilities being the protection of the environment, including from noise pollution”.
2. “Although the instant appeal dealt with the limited issue of the propriety of the actions of the EMA and the police at an event, there were peripheral matters that had to be considered to determine the appeal. One of those matters was the role and function of the police in the enforcement of laws that deal with the control of noise pollution. Judicial notice was taken of the concern of the wider citizenry as to its rights with respect to noisy neighbours, events and activities which result in loud and excessive noise.”
3. “Without taking the appeal outside of its limited remit, the public should be advised that there are laws especially the Environmental Management Act, section 70 of the Summary Offences Act and the provisions of the Motor Vehicle and Road Traffic Act that enable the police to provide immediate relief when there is a threat or actual contravention of the law”.

The EMA welcomed the ruling and says it is looking to improve the execution of its role in the management of noise pollution.

The Authority says it has embarked upon a review of the existing Noise Pollution Control Rules with a view to strengthening the legislation.

It adds that other measures are also being explored to increase the EMA’s monitoring and enforcement capability.