The “music ban” is expanding: “five consecutive days” limit on concerts and festivals
With the latest regulations from the Ministry of Environment, Urbanization, and Climate Change comes the expansion of the scope of pandemic-era restrictions on concerts, festivals, and other outdoor activities. According to the regulation, these activities can now only be held between the hours of 10 AM and 1 AM and can last for at most five consecutive days.
As per the decision made under the guise of being a pandemic precaution, the music ban which had been enforced from 2 AM onwards was pulled back to 12 AM. While most restrictions made in the interest of public health during the pandemic have been lifted, the “music ban” has endured despite reactions from the art world and art-lovers.
According to the Ministry of Environment, Urbanization, and Climate Change’s new guidelines in the Environmental Noise Control Regulations, outdoor activities such as concerts and festivals can only be held between 10 AM and 1 AM and for at most five consecutive days, in a way that will satisfy the baselines for businesses broadcasting music.
PERMISSION MUST BE REQUESTED FROM PROVINCIAL DIRECTORATES
According to the written statement of the Ministry, updates have been made regarding noise control and its enforcement as it concerns businesses broadcasting music and marine vessels as per the “Environmental Noise Control Regulations” published in the Official Gazette. With the new regulation, procedures related to Music Broadcasting Permit Certificate were prepared.
According to this, businesses broadcasting music and marine vessels will have to submit to the provincial directorate through a list of authorized signatures or through power of attorney a business license, if it exists, a tourism operation certificate, and tax certificate samples alongside an acoustic report and application for the music broadcast permit.
A form affirming that the regulations of the Environmental Noise Legislation will be complied with, and additional noise control measures will be taken if necessary will also have to be submitted to the provincial directorate.
A copy of the acoustic report, prepared in print and electronically by companies that have received a certificate of competency from the Ministry, will be kept at workplaces and marine vessels to be presented during inspections, and will be uploaded to an online portal determined by the Ministry.
The information and documents in addition to field investigations and evaluations submitted will be evaluated by the provincial directorate, if necessary.
THE MUSIC BROADCAST PERMIT WILL HAVE A THREE-YEAR VALIDITY
If the application for the permit is found eligible, the applicant will be notified. After the music broadcast permit fee is deposited to the revolving fund account, the document will be given by the provincial directorate.
If it is not found eligible, the application file will be returned to the applicant with its reasoning, and a second application can be made after any cited issues have been resolved. The validity period of the music broadcast permit will be three years. At least six months before the expiry of this period, an application for the renewal of the permit will be required.
Workplaces such as hair salons, markets, coffee shops, gyms, and patisseries that are not subject to the music broadcast permit will be able to continue their activities so long as they do not contribute to environmental noise. If the provisions of the regulations are found to be violated three times in the same calendar year, the permit will be revoked by the provincial directorate, and these workplaces and marine vessels will only be able to apply for another permit after two calendar years.
FIVE DAY LIMIT TO MUSIC BROADCASTING
The updates in the regulation also determined how environmental noise measurement methods will be applied regarding the level of noise originating from workplaces that broadcast music which is radiated by air or transmitted through common partition elements, intermediate floors, ceilings, or adjacent walls was determined.
Outdoor activities, such as concerts and festivals, held in the open air for a limited period of time, can be held between 10 AM and 1 AM for a maximum of five consecutive days, providing that they meet the limit values for music broadcasting workplaces. In the event that these periods are exceeded, activities will be subject to the provisions brought forth for workplaces that broadcast music.
The annual maximum number of events for such events will be determined by taking into account the strategic noise maps of the areas where these events are allowed, provided that it will not be a cause for complaint at the provincial environmental committee. (DHA)