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5a1 Alternative Remedies Presentation

5a1 Alternative Remedies Presentation. Special Thanks To: Chanika Carrington Aimee  Partap Olivia Dos Santos Nicola Budd Jewel Barrow Audrey Burgess. LICENSING AUTHORITIES DANCEHALL LICENCE LIQUOR LICENCE INDUSTRIAL COURT BAR ASSOCIATIONs Trinidad and tobago barbados.

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5a1 Alternative Remedies Presentation

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  1. 5a1 Alternative Remedies Presentation Special Thanks To: Chanika Carrington Aimee  Partap Olivia Dos Santos Nicola Budd Jewel Barrow Audrey Burgess

  2. LICENSING AUTHORITIESDANCEHALL LICENCE LIQUOR LICENCEINDUSTRIAL COURTBAR ASSOCIATIONsTrinidad and tobagobarbados

  3. LICENSING AUTHORITYDANCEHALL LICENCE

  4. The focus will be on

  5. What is a Dancehall Licence? • A Dancehall licence is a licence which permits public operation of an establishment that can be used for public dancing or singing. • The Licensing Authority has the power to grant such licence for any period not exceeding twelve months to such persons as it thinks fit to use places such as theatres or dance halls.

  6. The Licensing Authority acts as a tribunal in these matters. It is an alternative to court

  7. The Theatre and Dance Hall Act (1934) • S.2 “dance hall” means any building, tent or other erection open to the public gratuitously or otherwise, where public dancing or singing takes place. • S.2 “licence” means a licence granted in the form in the Schedule and “licensed” shall be construed accordingly.

  8. Who holds the office of the LicenSing authority • Section 2 of the Act states that the Licensing Authority is the Magistrate assigned to the district where the theatre or dance hall is situated.

  9. What can be done about nuisance issuing from such establishments?

  10. Remedies Available • There are 2 remedies available from the Licensing Authority when individual complain about a licensed premises. • 1. Cancellation of the licence • 2. Suspension of the licence

  11. possible complaints from clients Scenario 1 The licensed premise is carrying on activities which may constitute a nuisance or are injurious to public morals. What can be done to bring this activity to an end?

  12. According to the Act • If a written complaint is made to the Licensing Authority in your area, the premises may have its licence cancelled or suspended for a period not exceeding 6 months. • However, a complainant must live within half a mile from the dancehall. • The complainant must satisfy the court with proof made by oath.

  13. Options of The Licensing Authority The Licensing Authority may: • (a) attach such reasonable conditions to the terms of any suspension imposed under this section as would, in its opinion, ensure that section 4B is complied with, so, • however, that no suspension of any licence shall exceed a period of more than twenty-one consecutive days or forty-two days altogether in respect of any one complaint or group of complaints

  14. Cont’d • (b) cancel any such licence if the conditions imposed by it have not been complied with.

  15. Conditions for Suspension/Cancellation • Section 4 of the Said Act 1. Where the activities constitute a nuisance or are injurious to public morals. 2. Where there has been discrimination by the occupier of the premises or his servants. Discrimination on grounds of race, colour, religion or sex is strictly prohibited. 3. Where there was annoyance in the vicinity due to excessive noise.

  16. Why is the Licensing Authority Beneficial? • Such quasi-judicial bodies enable citizens to have an alternative route to litigation and spare them the cost of it as well. • However, the Authority shall keep within the arena of fair play by allowing licensees against whom complaints have been made to be represented by an Attorney-at-Law, so that they may duly respond to the allegations made against them.

  17. In Barbados • There is no Licensing Authority in relation to Dancehalls. • Alternative remedies are: • Report the matter to the police, who will warn the owners or operators of the premises that they are disturbing the peace under S31 of the Public Order Act. • The owners or operators may be arrested . • Use negotiation or mediation on terms and conditions which will satisfy both parties.

  18. Public Nuisance • This is the situation in which an individual engages in some harmful activity which affects the general public or a section of the public. • It is a crime actionable by the Attorney General. • However an individual can bring an action if he/she can prove that the defendant has caused him “particular damage over and above that suffered by the general public”.

  19. For the individual to show particular damage • He must have suffered damage which is of a different kind from that of the general public or • He must have suffered damage to a greater degree than other members of the general public. • Particular Damages : • These can occur, according to Campbell v Paddington Corp, where the defendant’s structure obstructs the view from the rooms thus reducing their letting value.

  20. Private Nuisance • It is a tort • The plaintiff must have an interest in the land • Damages are given at the discretion of the court. • Action where • There is physical injury to the plaintiff’s property • There is substantial interference with the use and enjoyment of his land • There is Interference with easements or right to access

  21. The court will consider • Where the defendant’s activity is reasonable according to the ordinary usage of the mankind living in a particular society” - Sedleight – Denfield v O’ Callaghan • With respect to the enjoyment of the land, the locality of the incident. • Whether it is beneficial to the community or just for spite or annoyance of the plaintiff • the duration of the damage- whether temporary or permanent.

  22. Application to Dance Hall • This may apply to a dancehall located in the client’s neighbourhood, which can change the character of the neighbourhood, thus reducing the property values in the area. Illustrative of this is Vanderpant v Mayfair Hotel Co Ltd where the court took into consideration the material interfering as well as the circumstances and character of the locality in which the complainant lives. It was found to be a nuisance. It did not matter if the defendant’s activity was being carried on or could be prevented. • The client could seek an injunction and damages for the injuries suffered.

  23. Licensing Authority Liquor Liquor Liquor

  24. What I will be discussion

  25. What is the licensing Committee • It is a statutory empowered body which determines who can get a liquor licence.

  26. Of Whom does it consist • According to s 9 of the Liquor Licence Act of Barbados and s 5 of the Liquor Licence Act of Trinidad, it consists of a Magistrate or other authorised officers

  27. How to revoke a licence • S 19 in Barbados allows a person to object to the granting of a licence by the Licensing Committee within 7 days of its approval. • In Trinidad and Tobago there is a notice period of 28 days before the Licensing Committee can revoke a licence.

  28. Cont’d • In Trinidad and Tobago, objections can be made if the licensed property is within 400 meters of a • a church or other place of worship • a school

  29. Other objections can be based on the following: • Other grounds of objections can be based on the following • If the applicant is a person of bad character. • If the property does not meet the requirements of the health or building code. • Where the applicant has already been convicted of an arrestable offence.

  30. Trinidad and Tobago Cont’d • Where the district is adequately serviced by licensed premises. • The applicant has already had his/her licence revoked • s21 B where the licensed person, servant or agency discriminates against any person because of his/her race, colour, creed, religion or sex. • S 21 C where the licensed premises is cause of public annoyance.

  31. Persons can object on the grounds that it is an offence • To refuse the police entry on the property to carry out their duty, • To use the premise as a brothel, or as a place for prostitution. • To sell alcohol to a person under the age of 16 years old, in Trinidad it would be under the age of 18 • Permit drunkenness, quarrels, riot, or sell intoxicating substances to an already intoxicated person.

  32. Trinidad and Tobago Industrial Court

  33. The focus will be on :

  34. Creation • The Industrial Court was established in 1965 by the Industrial Stabilisation Act, which has since been repealed and replaced in 1972 by the Industrial Relations Act (IRA), Chapter 88:01. • Under section 4 of the Industrial Relations Act, the Court was established as a superior court of record which has a status equivalent to that of a High Court of Justice. This Court was established as a result of a number of strikes by workers and lockouts by employers that affected the Trinidad and Tobago economy from 1960-1964.

  35. Organisation • The Industrial Court comprises: • 22 Judges • A President who is Head of the Court • A Vice-President • A Chairman, and • 19 members of the court, consisting of experienced attorneys, economists, accountants and persons experienced in industrial relations

  36. Role of the Court • The Industrial court is a specialized court with a peculiar jurisdiction. • It is responsible for dispensing social justice by “upholding the principles and practices of good Industrial Relations as pillars of Industrial Peace, Economic and Social Development”. • The court was first established, under the Industrial Stabilisation Act:

  37. Role of the Court • To ensure that employers recognize Trade Unions and other Organizations that were representative of a majority of workers; • To establish a prompt and efficient system for the settlement of Trade disputes; • To regulate the price of commodities; • To regulate any matters incidental to the functions related above.

  38. Jurisdiction of the Court • the Industrial Court has jurisdiction as a superior court of record to: • Hear and determine Trade disputes; • Register collective agreements and hear and determine any matters that arise from the registration of such agreements; • Hear and determine any industrial relations or offences under the IRA; • Hear and determine any other matter brought before the court in accordance with the IRA provisions.

  39. Additional areas of Jurisdiction • Minimum Wages Act Chapter 88:04, which upholds minimum wages and terms and conditions of employment; • Retrenchment and Severance Benefits Act 1985, which prescribes the procedure to be followed in the event of redundancy and provides for severance payments to retrenched workers; • Maternity Protection Act 1998, which seeks to provide a minimum level of maternity leave, benefits and protection; • Occupational Safety and Health Act 2004, which upholds the safety, health and welfare of persons at work.

  40. The Industrial Court consists of two divisions: • The General Services Division, which deals with all disputes except those where the dispute involves workers in essential services; • The Essential Services Division, which deals with disputes comprising of workers in essential services.

  41. the Court has : • A Special Tribunal established by the Civil Service Act Chapter 23:01, which hears and determines disputes in the Civil Service, Police Service, Fire Service, Prison Service, Teaching Service and Supplemental Police and Central Bank; • An Occupational Safety and Health Division that focuses on the efficient exercise of the Court’s jurisdiction under the Occupational Safety and Health Act.

  42. Remedies • Under section 7(7) of the IRA, the Court may impose fines, in addition to any other remedies the Court thinks fit, for contempt in relation to a failure to comply with its orders or awards. • Moreover, under section 12 of the IRA, the Industrial Court shall make all such recommendations and do all such things as appear to be right and proper for the reconciliation of the parties and shall take the necessary steps to secure a settlement of disputes by conciliation.

  43. Effect of the Court’s Decisions • Finally, the Court’s work has a direct impact on the general public because the court sets out principles and guidelines for the conduct of good industrial relations which promote industrial stability and ensure that the public has access to essential services.

  44. The Barbados Perspective • Labour Department • Duties of Chief Labour Officer It shall be the duty of the Chief Labour Officer: (a) to receive and investigate all representations, whether of employers or of employees, made to him concerning any business, trade, occupation, or employment with a view to the settlement of disputes and grievances and to pursue conciliation especially regarding hours and conditions of work and regulations of wages and to report thereon to the Minister ;

  45. Conciliation Process The Chief Labour Officer is mandated to conciliate in disputes between employers and employees.  The process is as follows: If discussions between the employer and employee breakdown at domestic level, either party ( or a representative for ther employee it the Trade Union) informs the Labour Department in writing, that a dispute and requests the services of the Chief Labour Officer in the conciliation process.

  46. Conciliation Process cont’d • A meeting is convened with the agreement of the employer and Union which is chaired by the Chief Labour Officer or  his/her representative, who guides the conciliation process.

  47. If the first Conciliation Fails The next level, conciliated by the Minister of Labour; if the matter still remains unresolved It can be referred to the highest level that of the Prime Minister, If conciliation efforts fail, the parties can agree to seek binding arbitration.

  48. conciliation • The process is voluntary. • Chief Labour Officer has no authority, to effect or impose a settlement on either side nor to bind either party to decisions made. • The office of the Chief Labour Officer is, however, highly respected in this process as that of an experienced industrial relations practitioner.

  49. Disputes are referred to the Department for conciliation on such matters as: • Work dismissals • Collective agreements • Redundancy • Wages • Conditions of Employment            

  50. Tribunal under the Severance Payment Act • SIXTH SCHEDULE • (Section 38(5)) For the purposes of section 38, the tribunal shall consist of: • A chairman who is appointed by the Minister. • The chairman is a practicing solicitor or barrister for not less than 5 years • not less than 2 other members who shall be appointed by the Minister. • Other members of the tribunal shall be appointed by the Minister in equal numbers from persons nominated by organisations representing workers and employers in Barbados

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