MUSIC IN THE STREETS.

Press, Volume LXVII, Issue 20315, 14 August 1931, Page 16

MUSIC IN THE STREETS.

SEVERE PROHIBITION IN WELLINGTON. CHRISTCHURCH BY-LAW ACCEPTED. Although the proposal of the Welling- { ton City Council to. pass a by-law prohibiting noises which may cause annoyance in the streets has been received with strong protest, by the New Zealand Musical Trades' Association and trading linns in that City, a similar by-law which exists in Christchurch has, with the exception of a recent case which was taken to the Supreme Court, always been accepted by the music dealers and businessmen generally. The amendments to the Wellington by-laws, as moved by the chairman of the By-Laws Committee at the last meeting of the Council, are exceptionally severe:- — "(1) No person shall in any house, building, garden, land, or other place abutting on or near any street, private street, or public place, sound or cause or permit to be sounded any musical instrument, gong, drum, bell, gramophone, megaphone, or loud-speaker to the annoyance of any person in such street, private street, or public place. " (2) No person for .the purpose of the advertisement of any trade or business shall on or within the hearing of persons on any street, private street, or public place, sound or cause or permit to be sounded, any musical instrument, gong, drum, bell, gramophone, megaphone, or loud-speaker, without the permission in writing of the Council. Such permission may be given in respect of one particular occasion or generally, and shall be revocable at will. "(3) Any permission granted pursuant to the last preceding sub-clause may be granted subject to any condition which the Council may deem it advisable to impose, and any person availing himself of the permission so granted and failing to comply with any such condition, shall be guilty of an offence against this by-law." Christchurcli By-Law. The existing by-law in Christchurch is given in much the same terms as Section 2 of the amendments, it has not the stringent effect of Section 1: 4 'No person for the purpose of the advertisement of any trade or business shall on or near any street sound or cause or permit to be sounded any musical instrument, gong, drum, bell, gramophone, megaphone, or loud-speaker without the permission in writing of the Council. Such permission may be given in respect of one particular occasion, or generally, and shall be revocable at The Town Clerk (Mr J. S. Neville) stated last evening that two applications had been received for exemption from the by-law, and that both were granted, subject to cancellation. Supreme Court Case. Tho validity of the by-law_ was recently questioned by C. S. Trillo, taxi proprietor, who brought before the Supreme Court a motion to quash tho by-law. The case arose from the Council's decision to enforce the by-law in tho case of Mr Trillo's firm, which was advertising by means of a loud-speakor stationed opposite the Christchurch Railway station. His Honour Mr Justice Adams however, upheld the regulation, declaring that it was lawfully made for the good rule and government of the City. It is to be noted that the Wellington by-law, in its present form, may extend the prohibition to tho ringing of church or auctioneers' bells, or perhaps (it is suggested by the "Dominion") to the carillon. Even the playing of a gramophone on private property might be held to be au offence if it chanced to annoy anyone nearby. Interference With Business. Some of those objecting to the bylaw have drawn attention to tho unrestricted traffic noise and to the noises of trade and industry. The advisory committee of the New Zealand Musical Trades Association hold that the proposed by-law is not only an interference with legitimate business, and a restraint of trade, but is also quite unreasonable in that, being a by-law against noise, it attacked only musical instruments, played either privately or publicly, and made provision for a license, which, if granted to one must be grant; ed to all. A deputation from the Association is to wait on the Council at its next meeting.