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A HIGH COURT judge has granted an injunction which prevents a St Clair-based concert venue from using the property at Hayes Street, St Clair, as a dancehall venue or for public events.
Justice Eleanor Donaldson-Honeywell granted the injunction on Friday, to Wilfred Espinet, a resident, on his behalf and behalf of the ten members of the St Clair Residents’ Association.
In her order, the judge restrained Samaan Estate Ltd from “using or permitting the use of the premises” as a dancehall or venue for public events and, in particular, from blocking or impeding the driveways and gateways of Espinet’s property and that of the members of the residents’ association with obstructions.
Indiscriminate and inconsiderate parking, loitering or crowds are also not permitted nor is the playing of excessively loud music and causing excessive vibrations.
The judge’s order, however, permits the property’s owner to apply to have the injunction lifted if they want to use the space as a dancehall or venue for public events.
Last Friday’s injunction also stopped the hosting of an event that night unless certain conditions were met.
Those conditions were the posting of security guards to monitor the driveways of residents.
“Any car found to be blocking any driveway and or gate will be deemed to be in breach of the order.”
The judge also limited the number of speaker boxes in the venue.
“There shall be a limit of two speaker boxes which must be placed inside the building on the subject property.
“Performances must take place within the building on the subject property. All music on the speaker boxes is to be terminated at 11 pm. The party is to conclude in its entirety and everyone must be gone by midnight,” were the conditions of the judge’s order.
She also ordered the residents of the association to file an affidavit stating their names, addresses, e-mails and occupations and ordered them to attend any other hearing to indicate their interest in the matter.
In his affidavit in support of the injunction brought under the Theatres and Dancehalls and Liquor Licences Acts, Espinet said the deeds for properties in the area restricted the use of any premises for anything other than a private dwelling, He said from June, he noticed events held at the property and said he later learned it was advertised as an event venue.
The residents’ association, he said, objected several times to the hosting of parties and also made reports to the St Clair police station. There were also objections to other events with the police, the Port of Spain magistrates’ courts licensing committee, the EMA and COTT.
“... Music is played loud enough to rattle the windows in my home …I have had to endure collecting of crowds and or loitering in the street in front of my property, disturbances to my sleep, my general peace,” Espinet complained.
He also said there are advertisements for events later in December and the run-up to Carnival in January and February 2024. “ 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 SCRA,” he said.
Espinet and the residents are represented by attorneys Zelica Haynes-Soo Hon, Raisa Caesar and Kerri-Ann Oliverie. Espinet was given 28 days to file and serve his substantive lawsuit on the property’s owner.
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