Attempts to quickly revise legislation to allow bars to play music on Sundays stalled in Parliament last week.
A private member’s motion calling for government to amend the Music and Dancing (Control) Act to allow licensed bars to play background music on a Sunday, provided the music is not heard outside, was supported in principle – but only as part of a wholesale revision of the act.
The law generally prohibits music and dancing on Good Friday, Christmas Day and Sundays.
There are several exceptions to that rule covering the port, the airport, as well as restaurants and hotels, provided the music is not played louder than prescribed. There are, however, currently no such noise levels set.
Former Premier and Opposition MP for Red Bay, Alden McLaughlin, who brought the motion, said this has led to a situation where bars in hotels and restaurants are allowed to play music, but the exclusively Caymanian-owned standalone bars are not.
“[I]t is causing a great deal of loss of business to those establishments and indeed complaints from their patrons,” McLaughlin said. “Because for instance, you’re not allowed to have music at, say, Country and Western on a Sunday evening, but you can get in your car and go on to West Bay Beach and any bar or a restaurant they are able to have music.”
McLaughlin said the rationale for the distinction was not clear, given that there were many people in Cayman who worship on days other than Sundays. In any case, he said, people were allowed to exercise their free will within the law.
“I doubt that anyone who turns up at a licensed establishment on a Sunday or Sunday evening had any intention in the first place of going to church,” McLaughlin said.
He added that any potential inconvenience caused by noise was prevented by the motion’s proviso that the music should not be heard outside the boundaries of the establishment.
‘Comprehensive look’ at ban needed
Minister of Commerce André Ebanks said government was planning to modernise the Music and Dancing (Control) Act during the current budget cycle.
He acknowledged that the currently 58 licensed standalone bars were “at a disadvantage as compared to restaurants and hotels, due to their inability to play music for their patrons on Sunday”.
Ebanks said there had been “a piecemeal approach” to this matter in recent years. Instead, it was government’s intention to “to take a comprehensive look at the issue” within a reasonable timeframe because stakeholders needed to be consulted and proper, measurable noise levels set.
McLaughlin said he was grateful for government’s support of the motion but “truly disappointed” if government pursued a “lengthy overhaul” of the act.
He said governments had attempted and failed for 20 years get the administrative arm of government to measure decibel noise levels at licensed establishments.
“And I fear that if that approach is adopted again, we’re going to continue with this disparity and inequality.”
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