*
banner

Hear, Hear?

Landmark Court of Appeal ruling could have far reaching consequences about the way musicians should be protected at their place of work.

PERCUSISON
  Not too loud now...

A Court of Appeal ruling that has seen the Royal Opera House lose its challenge over a case of a viola player whose hearing was irreparably damaged whilst playing in its pit orchestra, could well have far reaching consequences for all future stage performances — including brass band contests.

Acoustic shock

Although the full details of the decision of the Court of Appeal judges has yet to be published in the case of Christopher Goldscheider, who suffered 'acoustic shock' after sitting in front of the brass section of the Royal Opera House orchestra in a rehearsal of Wagner's 'Die Walkure', it is being described as a 'landmark ruling'.

The Opera House was supported in its challenge by the Association of British Orchestras, the Society of London Theatre and the UK Theatre Association, who argued that it could have 'disturbing implications' for all live music performances.

It stated that "all music making in the UK"may be curtailed in some way by the ruling.

Foreseeable and preventable

However, Sir Brian Leveson, who sat alongside Lord Justice Bean and Justice McCombe stated that for his part; "…I simply do not accept that this cataclysmic scenario represents a proper understanding of the consequences of the decision."

They ruled that Mr Goldscheider's injures were "… all foreseeable and reasonably preventable".

It was stated in the previous High Court judgment that the noise level experienced by him at the time exceeded 130 decibels, roughly the equivalent of a jet engine.

Blew away myth

Whilst the judges backed the Opera House in its contention that the provision of ear defenders by players at all times in rehearsals and performances was not practicable, the BBC's legal correspondent Clive Coleman stated that the ruling, "...blew away the myth that orchestra spaces and live music venues are exempt from noise protection".

That was one that believed that a defence was available to employers under the Compensation Act as the product of making music was of such high artistic value, some noise damage to those producing it was acceptable.

He added: "The case effectively brings an orchestra space — or any live music venue for that matter — into line with other working environments such as a factory floor.

An orchestra space or gig venue becomes, if you like, a factory where noise is the end product rather than the by-product of an industrial process."

4BR understands that this could see concert promoters, organsiers and employers having to offer acoustic music stand shields to performers or single-use hearing protection ear plugs if requested4BR

Practicable steps

It was his understanding that, "Employers and organisers will now have to put processes in place to assess noise and anticipate sudden rises in noise levels. They will then have to take all reasonably practical steps to prevent injury resulting from the noise."

4BR understands that this could see concert promoters, organsiers and employers having to offer acoustic music stand shields to performers or single-use hearing protection ear plugs if requested.

Many professional orchestras and ensembles do offer this at present for rehearsals and performances.

A Health and Safety Executive report prepared in 2008 that looked specifically at hearing protection for musicians recommended that, "...Training on the selection and proper use of hearing protection is essential to ensure that the use of hearing protection is an effective method for controlling musicians' noise exposure."

It was stated that nearly 60% of musicians report some sport of hearing loss during their careers. Mr Goldscheider has been unable to work since 2014.

Become a supporter and help make our future secure.

4barsrest continues to be a proudly independent voice. There are no paywalls to overcome to be able to enjoy what we do to keep our journalism at the heart of the brass banding world. Support us with a one-off donation or subscribe from just £2.50 per month.

Support us    


BBE Podcast

Brass Band Podcast Season 2: The Next Generation

September 16 • The second season of BBE's popular podcast series returns exploring the themes of the future of brass bands, leadership, and music-making.


Muriel Newsome

Muriel Newsome funeral details announced

September 16 • The funeral of Muriel Newsome will take place on 24th September.


dobcross

Result: 2025 National Championships of Great Britain — Third Section

September 14 • Dobcross Silver strikes royal gold as they claim the Third Section honours.


arbroath

Result: 2025 National Championships of Great Britain — Fourth Section

September 14 • The Fourth Section National title heads to Scotland with Arbroath & Carnoustie.


Petworth Town Band - Petworth Town Band at Petworth Heritage weekend

Saturday 20 September • Centre of Petworth Town GU28 OAH


Cheltenham Silver Band - Holst Birthday Concert

Saturday 20 September • All Saints Church, All Saints Road, Pittville, Cheltenham GL52 2HG


Regent Hall Concerts - The Band of the Grenadier Guards Big Band

Friday 26 September • Regent Hall (The Salvation Army). 275 Oxford Street. WC1 2DJ W1C2DJ


Brass Bands England - The Brass Band Conference

Saturday 27 September • Redhills Durham Miners Hall, Durham DH1 4BE


Regent Hall Concerts - The Band of the Irish Guards

Thursday 2 October • Regent Hall (The Salvation Army). 275 Oxford Street. WC1 2DJ W1C2DJ


Audley Brass

September 14 • Audley Brass (First Section National Finalists 2025) are seeking a first class PRINCIPAL EUPHONIUM. We have some very exciting events coming up including 5 epic beer festival nights and Wychavon Festival of Brass entertainment contest.


Longridge Band

September 13 • Longridge Band invite applications for a SOPRANO CORNET player. We are a friendly, committed band, who enjoy a good balance of concerts and contests throughout the year.


Chinnor Silver

September 11 • Our COMMUNITY BAND are meeting again on Monday (15th) and we would welcome any players who fancy joining us for a relaxed and friendly blow.. All abilities are welcome and meeting with us has no impact on your main band.. Cake and coffee included FREE


David A. Stowell


Conductor and composer


               

 © 2025 4barsrest.com Ltd