euphoria: Arranger Ken "Professor" Philmore feels the music as he conducts pannists from NLCB Fonclaire during their performance of "Dangerous" on Tuesday night at their Dottin Street, San Fernando, panyard. —Photo: TREVOR WATSON

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Pan in danger

Action filed over 'unbearable' noise at Fonclaire panyard

By Nikita Braxton South Bureau

THE National Lotteries Control Board (NLCB) Fonclaire Steel Orchestra is at risk of being unable to complete preparations for this year's steelband competitions.

An application for an injunction has been filed in the San Fernando High Court to stop the band's operation at its current location, which it has been occupying since June 1965.

Rookman Mahadeo, who lives next to the panyard on Dottin Street, San Fernando, filed a nuisance writ earlier this month to have the steel orchestra stop its operations.

Filed by attorney Frank Seepersad, the writ is petitioning the court, as an alternative to the band ceasing operation at Dottin Street, the orchestra could have controlled hours of operation, including no practice after 10 p.m.

Mahadeo also wants steps to be taken to contain the noise level if the band is allowed to remain at its pan theatre. He claims the noise is unbearable and he is unable to live with the situation.

He produced a letter, received in 2004 from the Environmental Management Authority (EMA), which said tests were taken in accordance with its noise pollution control rules and the "sound pressure levels recorded exceed the prescribed standards".

Mahadeo said since December last year, members of the band would practise from 6.30 p.m. to 2.30 a.m. He claimed his family could not sleep and his grandson would usually have to complete homework assignments at school.

Mahadeo is also complaining about access to his home being blocked as a result of inconsiderate parking, and alleges that a $900 plant in his yard was cut by members of the steel orchestra. It was further added that he had been abused and threatened by members of the band.

He is seeking compensation in excess of $15,000.

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