Filenews 6 March 2021 - Vasos Vassiliou
A proposed law ends the phenomenon of "growing" leisure centres next to houses without even informing the neighbours who suffer the consequences of the sound broadcast.
Based on the proposal, the police are also involved in the probe.
In accordance with the provisions of the proposal for a Law, which is being promoted by the Parliamentary Committee on the Interior, for the intention of operating a leisure centre with sound or renewing the sound broadcasting licence (for existing centres), residents up to 200 metres from the premises mentioned will be informed.
In particular, the proposal mentions the competent authority (mainly the Local Authorities) of the area in which the leisure centre will operate, informing the owners or owners of the houses or other sensitive receivers bordering a leisure centre in respect of which an application for or renewal of an audio broadcasting licence is submitted or is less than two hundred (200) metres from it. At the same time, a competent authority called upon to authorise the centre will take into account, when deciding on the approval of this application, any representations submitted by the abovementioned persons (i.e. the residents) before approving the application referred to. In more detail, it is provisioned that "no application for the issue or renewal of an audio broadcast licence shall be approved by the competent Authority, unless all owners or holders have been duly informed by the competent authority... who may submit representations to it within fifteen (15) days of being informed'.
As is well known, from time to time owners of houses/apartments living near leisure centres have strongly complained that they cannot think or sleep due to the high intensity of the music show. In fact, recently residents who attended before the House Committee on the Interior described in black the conditions in which they live.
In addition to the city centres, noise pollution is also suffered by residents of tourist areas.
The proposal for a law clarifies the interpretation of the term "sound pollution inspector" in order to act as sound pollution inspectors both the persons designated by the competent authority and the members of the Cyprus Police. Citizens will be able to file a complaint with the Cyprus Police in order to take the necessary steps to investigate the complaint.
In addition, the same proposal provides for an increase in the penalties provided for the commission of offences relating to the transmission of sound, either without prior guarantee of an audio broadcasting licence or in breach of the conditions of the audio broadcasting licence issued, as well as for interference with the operation of the volume monitors or the mechanism for delimiting the volume limit with a view to exceeding the maximum permitted limit.
The explanatory memorandum states that the proposed arrangements are necessary in order to make the implementation of the basic legislation under amendment more effective and to avoid duplication and confusion of competences.
The owner of the centre and/or the operator and generally the person who controls the sound player and adjusts the volume of the sound transmission at the leisure centre shall be responsible for the law.'
As regards sentences, while a prison sentence of up to six months is currently provided for and a fine of not more than €3,400, it is proposed to increase the prison sentence to two years, with the penalty payment increased to €10,000.
Audio Pause Order Option
Moreover, always in accordance with the proposal of the Law, the Court before which a charge brought against a person for an offence committed (in violation of the provisions of the law) is heard may, at any time, at the request of the Prosecution Authority, order the non-transmission of sound by the leisure centre and/or impose such conditions as regards the transmission of sound from the leisure centre, for any period until the full hearing of the case before it, as it deems fair in the circumstances.
In such a case, the audio broadcast licence issued 'shall be subject to the conditions laid down in the Order of the Court of Justice'.
It should be noted that many efforts have been made to tackle noise pollution which have proved ineffective. Classic example of 2016 legislation that got in the drawer because it was deemed not to work.
At one stage, the control of not only leisure centres but also the sound emitted at beach parties was promoted. At the same time, the legislation would also cover amusement parks, while it also provided for the regulation of the volume in concerts held in stadiums.
