Protect the Right to Play Musical Instruments

Protect the Right to Play Musical Instruments

Started
4 May 2023
Petition to
Sir Christopher John Bryant (Shadow Minister for Creative Industries and Digital)
Signatures: 100,625Next Goal: 150,000
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Why this petition matters

Started by Fiona Fey

'Environmental Health officers (EHO) across the country have come to misinterpret the law on statutory nuisance. Statutory nuisance was meant to deal with matters such as people living next door to dog kennels, car racing tracks and night clubs - not domestic music playing.'


Can the law around music practice  be made clearer so this doesn't continue to happen? 

Last week I was served a noise abatement notice by Lewisham Council that forbids me to play any musical instrument in my home at any time.

 

I am a musician, it is my job to practise.


If I do Lewisham Council can force entry, confiscate all my instruments and fine me £5000.

The hours I was practising were usually between 11 and 3 - not early morning or late at night, the instruments I was practising regularly were guitar, singing and low whistle (70-80db - the volume of a conversation, or a vacuum cleaner)

 

The Lewisham Environmental Health Officers (EHO)s stated that volume and time of day is irrelevant, any music noise that can be heard by someone else can be classified as a nuisance.

(Lewisham also did not take into account the fact that the neighbours on the other side said the noise levels were absolutely not a problem and that the complaining neighbour {a music teacher, not a shift worker} had admitted that if she closed her door, she couldn't hear me)

The EHOs told me TV ,gaming and radio are 'living noise' but that the playing of an instrument is not.  

Why isn't the playing of musical instruments considered living noise?

It is not only people who make their living from music, it is so important to protect this as simply a form of enjoyment, self expression and relaxation and it should not need any further justification.

Music is for everyone, not just for those who have the means to ensure their practice isn't heard.

 

 

In 2017 DJ Roscoe said of a similar case  (Kensington and Chelsea vs the Carrabinos) 
 
“Play is absolutely an entitlement unless its extent makes it a nuisance. That does not seem to me to be the approach taken by RBKC. Their approach is that any noise interference is nuisance and thus all must be prohibited. That is not the correct approach so I find the terms of the notice were not reasonable bearing in mind the nature of the activity.”

In other words, instrument playing is a normal household activity and neighbours have no right to expect absolute peace and quiet.’’


 
A noise abatement can be appealed but costs money, takes a long time, 'nuisance' is difficult to disprove (especially without access to the complaining neighbours property to measure sound levels) and meanwhile (for however long the process takes should you choose to fight it) you cannot practise.

I was advised to move out rather than risk wasting time and money trying to fight it, but I should never have been put in that situation. My things are in storage and I'm sofa surfing.
 

The law around noise nuisance is very vague, gives local councils woolly guidelines and EHO's the ability to act on their prejudices and abuse their power.

Over the past few years the music industry has got so much harder.  Now governing bodies show that, not only are they doing little to help, they are actively penalising musicians who are trying to make a living.

Situations of this nature need an official definition - decibels, time of day etc

They should not be left up to the opinion of whichever EHO officer is investigating.  




*********UPDATE
Lewisham have just issued a statement in which they say this was a 'last resort' because I refused to engage or compromise. 

However, I recorded these interviews which show that this is absolutely untrue and highlights the worrying amount of power afforded to local councils.

https://www.youtube.com/watch?v=gIQ-if1xm7U

 

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Signatures: 100,625Next Goal: 150,000
Support now
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Decision-Makers

  • Sir Christopher John BryantShadow Minister for Creative Industries and Digital