Noisy club shut down

After days of hearing, Magistrate Lianne Lee Kim presiding at the Port-of-Spain Fourth Magistrates’ Court, refused to grant the licence to Club O, following complaints made by residents of the nearby exclusive Bayside Towers apartments.

The ruling not only shocked the owners and officials of Club O in court, but after the judgment, they scampered out of court and away from media photographers. At one time during the ruling, it seemed that Club O was on the right path to getting its licence, only to have that expectation dashed in the latter part of the oral judgment.

Club O was represented by Keith Scotland and Celeste Jules, while Deborah Peake SC, Gillian Lucky and Alana Umraw represented the Bayside Towers residents. Lee Kim reviewed the testimony of two Cocorite residents brought by Club O owners who stated that they were not affected by the noise from the club.

Lee Kim said she had no reason to doubt that these two residents were not affected. "They were honest and they came here to tell the committee. I do believe that where they lived, they were not really affected by the music," she added.

Lee Kim said the police officer (Cayenne) attached to the Environmental Management Agency (EMA) visited Club O and then closed the file. She said Sgt Carlyle Huggins went to Club O and reported that he found no noise, neither was there a traffic problem. "I see no reason to disbelieve him," Lee Kim added.

Lee Lim continued, "Mr Huggins and Mr Cayenne seemed to be judge and jury in closing their files. That was something for the committee to consider, not the police. Mr Huggins’ responsibility was to bring his report to the attention of the people who were affected. Why was it that Mr Huggins never notified the court of the persons who were affected by the O Bar and Grill?"

Lee Kim said it was a good thing that photographs were tendered by the residents. She said the photographs assisted because the Licensing Committee did not visit Cocorite although applications were made for the court to go.

Lee Kim also pointed out that during the hearing, it was revealed that Club O never received Town and Country approval for the bar. She found that the owners of the club did not dispute this. "The Licensing Committee cannot look beyond the application. The committee does not have a judicial function, it has an administrative function."

Lee Kim said officer Cayenne should have visited Bayside Towers to determine the extent of the complaint. In her ruling, the magistrate found that Club O would have had no control over the noise based on where the club is situated. "It is unfortunate that the club is where it is, but the committee does not have a choice, but not to grant the licence."

Lee Kim said the EMA needs to take a long, hard look at itself. She said the EMA must look at its regulations and send employees for training. Peake said as EMA is her client, she would write to them and advise them on what should be done.

Lee Kim said there was no need for the parties to reach court. She pointed out there is mediation, but before that can happen, Club O needs to put its house in order so that it can be on an even footing when the time comes.