Lewisham threatens another musician for playing at home
NewsMessage from Nicky Bryant in response to ongoing controversy about a London council that is menacing musicians.
We are going through this too. We have been issued a CPW by Lewisham Council as my son (22) is a musician and occasionally plays in our (owned) flat, when he can’t get into a shared studio. If he plays again, he’ll get a CPN, a fine and risks having his instruments seized.
The statement by Lewisham Council is pretty much the statement we got sent when we got the warning notice.
This is Lewisham doubling down, not actually entering into any meaningful dialogue.
Musicians will always practise at home and some neighbours will complain so there needs to be a clear policy to avoid conflict, ie what hours musicians can practise etc. Many Councils have such a policy on their website, Lewisham don’t. And that’s the trouble. Musicians have a right to practise and neighbours think they have right to silence. The legal precedent set in RBKC is a good start.
Please if you’re going g through this too, get in touch. Fiona has left Lewisham, but we are still going through it, so to link up with others would be helpful.
I believe your son is a professional musician? Suggest he joins MU or ISM asp then he will have full legal support.
Who would ” thumbs down” this suggestion? Lewisham Council maybe?
Professional musician or not, noise can be very stressful. When I was disturbed by the loud playing of a horn, I was working and studying for a MA. There has to be compromise and consideration.
If there is a “right to practice”, do I have the “right to boo”? Can all your neighbors gather outside your apartment door/window and boo and hiss and whistle while you practice?
How about a “right to critique”, every morning we post our review in the building lobby, and the internet, of how bad your playing was, no rhythm, out of tune, no musicality, that no one should hire you?
Because that’s what your practice sounds like to everyone else.
From your spelling of ‘neighbors’ I suspect you are not British.
But over here, and that includes Lewisham, ‘Practice’ is the noun, ‘Practise’ the verb.
Hope you didn’t mind me exercising my right to critique….
I’m not sure you are critiquing as much as pointing out differences between common language in two countries.
Fortunately, the war you lost allows “practice” to be spelled one way and mean either verb or noun in America. Similarly, dropping the unnecessary “u” from words is a right win by kicking the redcoats out. Imagine if you still had the ability to command that spelling and grammar conform to your standard…
Your right to seethe remains unchanged.
‘Not British’, ‘Over here’?! Samach is a Lewisham resident. You sound like an arrogant zenophobe. I previously had neighbours playing brass instruments upstairs. The trumpet was not too loud, and I enjoyed some of the music. The horn, very loud for long periods, was anti social. The tenant was a student at the Royal College of Music, and told neighbours that she was entitled to play when she wanted for as long as she wanted. I guess that’s gen z for you. If instruments are being played that cause disturbance, sound proofing should be installed.
I hope you don’t mind MY exercising my right to critique
Surely sir, in the context: neighbores.
Actually no you don’t have the “right to boo”. In Christie v Davey [1893] the judge found in favor of the musicians that their playing of musical instruments was a reasonable use of a family home and therefore they had the right to continue playing their instruments until 11pm in the evening (except for a piece started just before 11pm, then it could be completed after 11pm). In this same judgement, the judge found that the next door neighbor, who vindictively made noise while the musicians were playing their instruments, was acting maliciously, and therefore could be served an injunction.
Actually no you don’t have the “right to boo” in the manner you describe. In Christie v Davey [1893] the judge found in favor of the musicians that their playing of musical instruments was a reasonable use of a family home and therefore they had the right to continue playing their instruments until 11pm in the evening (except for a piece started just before 11pm, then it could be completed after 11pm). In this same judgement, the judge found that the next door neighbor, who vindictively made noise while the musicians were playing their instruments, was acting maliciously, and therefore could be served an injunction.
So neighbors don’t have the right to silence? Noise pollution is a real problem. It creates stress and sometimes people have been killed over noise issues when the afflicted person just can’t take it any more. That’s one of the great things about living in the American southwest where detached, single-family homes are most common. I can practice, or listen to music at high levels without bothering anyone. I feel pity for those who live in flats (or apartments) or even townhomes where the neighbors are too often the recipient of unwanted and undesirable noise. I can’t imagine the horror of living in a flat with a neighbor practicing trombone all day.
Can’t control all the construction noise though
I will ask my brother a KC in London to write to that idiotic council pro bono and make sure that they understand the law in England. I will also ask him if a class action could be taken to recover any lost earnings. Musicians have had a terrible time with the pandemic and the Tory government seems uninterested in culture and they deserve a rest from all this bother.
Lewisham Council’s website has this link for folk wanting to play music! The irony of it all. How do they expect you to play music, without practising!
I think my brother’s letter will certainly wake them up and stop this farce.
If I lived in Lewisham, I would be outside their office banging an oil drum.
https://lewisham.gov.uk/inmyarea/arts/your-local-arts/music/take-part-in-music
As Dave Allen once commented during a discussion on the Vagaries of the English language, I think I will go an live with Salman Rushdie and the persecuted.
What would they do if they had Jimi Hendrix, I wonder.
https://www.youtube.com/watch?v=sjzZh6-h9fM
Well. The massively popular programmes that have live orchestras that are beamed into millions of homes often watched at loud volumes on large screens with surround sound – those musicians have got to practise somewhere, somehow. Standards need to be kept up.
Musicians shouldn’t have to be hounded for trying to maintain their level of standard and therefore their livelihood.