*
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    


NYBBNI

4BR Thursday interview with Les Neish

February 19 • We speak to the Besson artist as he prepares to take the baton for the first rehearsal meeting of the National Youth Brass Band of Northern Ireland.


Linz

Linz European line-ups confirmed

February 18 • 30 bands will take to the stage at the Brucknerhaus in Linz to try and claim the various European titles on offer.


Nationals

New website for National Championships

February 18 • A new website will bring you all you need to know about the National Championships of Great Britain.


John Ward

Ward takes baton for Friary Area challenge

February 18 • John Ward returns to the conducting rostrum in Stevenage to lead former champion Friary Brass in their Area challenge.


Regent Hall Concerts - Royal Greenwich Brass Band

Friday 27 February • Regent Hall. (The Salvation Army). 275 Oxford Street. London W1C2DJ


Regent Hall Concerts - Oompah Brass XXL

Friday 27 February • Regent Hall. (The Salvation Army). 275 Oxford Street. London W1C2DJ


Regent Hall Concerts - Royal Greenwich Brass Band

Sunday 1 March • St. Alfege Church. Greenwich Church Street. London SE10 9BJ


Regent Hall Concerts - London Central Fellowship Band

Saturday 7 March • Regent Hall. (The Salvation Army). 275 Oxford Street. London W1C2DJ


Regent Hall Concerts - Regent Hall Band of the Salvation Army

Tuesday 10 March • Regent Hall. (The Salvation Army). 275 Oxford Street. London W1C2DJ


St Albans Brass Band

February 19 • TUNED PERCUSSION PLAYER Wanted. St Albans Band. Rehearsals Wednesdays 8 to 10pm. Varied programme of concerts, gigs and civic events throughout the year. Friendly, welcoming brass band. Experienced players and returners welcome. www.stalbansband.co.uk


St Albans Brass Band

February 19 • Bb BASS PLAYER Wanted. St Albans Band. Rehearsals Wednesdays 8 to 10pm. Varied programme of concerts, gigs and civic events throughout the year. Friendly, welcoming brass band. Experienced players and returners welcome. www.stalbansband.co.uk


Crewe Brass

February 18 • We are looking for a CORNET player (position negotiable) to join our highly motivated 4th section band. We are a very welcoming and sociable band, with a positive outlook and a reasonably busy calendar of engagements. Other enquiries are welcome.


Ian Porthouse


Cornet soloist, clinician, conductor and adjudicator


               

 © 2026 4barsrest.com Ltd