*
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    


Review

Join us tonight for the latest 4BR review

December 4 • An hour of chat and opinions as we ponder if there has been a real shift in musical outlook in the banding world. Join us and have your say tonight.


Thurcroft Welfare

Thurcroft honour stalwart trio

December 4 • Three remarkable servants of Thurcroft Welfare Band have been honoured for their decades of dedicated commitment.


Purcell Brass

Purcell Brass Experience aims to inspire the next generation of performers

December 4 • The UK's oldest specialist music school has announced the launch of its new Purcell Brass Experience — and its free.


Delph

It's going to be a Whit Friday Christmas

December 4 • A new Whit Friday venture will be heard in Delph this Christmas — and all with a festive difference.


Garforth Brass - Strawberry Fields Primary School

Friday 5 December • Garforth Methodist Church,. Church Lane,. Garforth,. Leeds LS25 1NW


The Hepworth Band - Christmas Brass & Voices

Saturday 6 December • Thornhill Parish Church, Dewsbury WF12 0JZ


Petworth Town Band - Petworth Town Band Christmas Event

Saturday 6 December • Petworth Town Centre GU28 OAD


Haverhill Silver Band - Family Christmas Concert

Sunday 7 December • Castle Manor Academy, Haverhill CB9 9JE


Petworth Town Band - PetworthTown Band Christmas Concert

Saturday 13 December • St Mary’s Church Petworth GU28 OAD


Haverhill Silver Band

December 2 • Haverhill Silver Band seeks an Eb bass player to join us for the areas and beyond. This is your chance to join East Anglia's premier brass band and compete at the Senior Cup and Whit Friday, as well as performing in great concerts throughout the year!


Haverhill Silver Band

December 2 • Haverhill Silver Band seeks a flugel player to join us for the areas and beyond. This is your chance to join East Anglia's premier brass band and compete at the Senior Cup and Whit Friday, as well as performing in great concerts throughout the year!


Chinnor Silver

December 1 • Having secured promotion to the 1st section from January our Christmas wish is for a Bb BASS and PERCUSSION players to join us.. Rehearsals are on a Wednesday in our own bandroom.. Good but realistic book of concerts and contests planned.


Paul Andrews


Conductor, Band trainer, Adjudicator, Instrument Repairer - Brasstoff


               

 © 2025 4barsrest.com Ltd