There's Been a Complaint About the Noise
Author: Jane Fraser Jones
Numerous other venues around NZ are suffering too. The Kings Arms in Auckland, a hotel for 130 years and the only inner city pub venue for much of the last decade, resorted, under threat, to placing shipping containers (rented at $900 a month) around the premises, and later erecting a sound wall at a cost of over $30,000, after Council "... read the riot act," according to owner Maureen Gordon. Wellington's Bar Bodega has moved into premises soundproofed to the hilt, owner Francis McInnes dedicating $20,000 towards avoiding noise complaints. In the South Island, both Christchurch's Dux de Lux and Dunedin's Arc Café have lost money, patrons, and a lot of time addressing the noise issue.
How this situation arose to strangle vital venues can be traced to several pieces of legislation. The Resource Management Act (RMA) defines excessive noise as "... any noise that is under human control and of such nature as to reasonably interfere with the peace, comfort and convenience of any person."
It does not distinguish between noise emitted from private homes or a venue. "They're quite inappropriate provisions and very vague," says Karen q Temple.
The noise limit, which defines 'excessive noise', is also set at an unrealistically low 55 decibels. Exactly how loud is that?
"If you took a reading now, we'd be around 55 decibels, just with conversation," laughs Karen during our interview.
The 55db level was set in line with the World Health Organisation's guidelines for ambient noise, says McDougall, and applied to some parts of the central city to protect the long-established historical residential areas of Auckland.
What relevance does that have to a city venue where the ambient street noise, counters Karen, hovers around 60 - 65 decibels, and, she argues, regularly peaks at about 80 db?
McDougall says Council is currently working with the police and the LTSA to reduce problem-causing traffic noise.
There is slightly more leeway for a venue, as opposed to a residence in Wellington, thinks Steve Upton. "I live very close to Indigo and other bars, and it is the sound of traffic, loud pedestrians and street cleaners that are the most disturbing. This is because my apartment, like many others in the central city, is poorly insulated," says Upton.
Which brings us to the Building Code and the influx of chic inner-city apartments for nu-urbanites. Most of these are not well soundproofed, resulting in residents finding (too late) the hustle and bustle of the city isn't much of a lullaby when they try to go to sleep.
While property developers are given recommendations, Upton says there needs to be some hard and fast legislation in place. "Just simple things, like Batts and hush glass, but they're not forced to."
Ultimately, these laws put the onus of controlling noise emission squarely on the shoulders of venue owners.
There is also another piece of Council paper, which varies from city to city, but is generally called an Arts Agenda, and in some respects is at odds with the RMA.
"It says things like it wants Auckland to be a lively and vibrant place, the cultural centre of the Pacific," says Karen.
Absolutely, Positively Wellington is also supposed to be the 'arts capital' of the country - what do you do, then, when you have a 'lively and vibrant' venue that gets punished for being so?
"There's nothing in the Arts Agenda that says '... open a venue and stuff your neighbours'", says Jacqueline McDougall.
What if the venue was there first? The Kings Arms was built when it had very few neighbours. McDougall says the venue still had to complete renovations as conditions had been placed upon them and the Kings Arms is now compliant with Council's by-laws. Maureen Gordon says her venue has become about 95% compliant, but only after a massive expenditure.
So it's a pretty thorny situation, one seemingly impossible for venue owners to emerge victorious from. The result is a nation of already overworked venue owners having to fight their local bodies for the right to nurture NZ music.
In addition to working 80-plus hours per week, people like Karen q Temple and Upton petition their city councils, make submissions to organisations like the NZMIC, and talk to their MPs. In Auckland, Karen has been spearheading the Venues Association, a group of venue owners who meet once a month to troubleshoot and decide how they can collectively engage with Council over the noise control issue. Karen says she would like to see it become a national network but it remains to be seen how effective a lobbying and support group this will become.
It's a lot of unpaid hours and positive results are slow coming - why do venue owners even bother?
"For the love of it," says Upton, who estimates he spends 5 - 10 hours per week on compliance issues.
"Everything I've worked hard for could be taken away from me like that," says Karen. "We're all good people who believe strongly in what we do."
The conflict between local body bylaws and central government initiatives to support the arts has spawned a feud that Karen believes could wipe out live music venues if it continues on the track it's headed. She expresses confidence such a dire prophecy won't come to fruition, however.
Long time music industry lobbyist Arthur Baysting took the opportunity of the launch of the America's Cup Music Showcase recently to publicly acquaint media and invited guests, including the Prime Minister, of what he sees as an issue that is increasingly threatening the value of Kiwi music support initiatives the PM has herself championed. What good to spend public money bringing music-minded tourists (in this case music industry specialists) to this country if they can't actually go out and see live music happening within the city environs?
"We need a change in the law so grumpy individuals don't have the power to shut down live venues through bizarre noise control regulations." says Baysting.
Karen is hoping that within five years changes to the Resource Management Act and Building Code will give venues sturdier legs to stand on. "Awareness is starting to happen. I've had communication with Judith Tizard, my MP, and she's fully aware of the problem and seems to be sympathetic. Real action will come."
Steve Upton has a similar wish list. He too wants the RMA and Building Code tightened up so the obligation of noise control falls more evenly between the source and destination of noise. They both believe creating well-managed entertainment or protection zones with higher noise emission levels would benefit venues and give potential city-dwellers clear paradigms about where and where not to set up house.
They, and the live music venue owners around NZ, need "... financial support and recognition as a cornerstone in the development of a strong national music industry and culture," says Upton.
Which is really what Helen Clark seeks. Her attitude needs to filter down the local body politicians, and be adopted as a means of supporting both musicians and those who provide a physical window onto NZ's music scene.
Live music lovers, band members, venue owners - you can help out. Go to www.temple.co.nz and sign the noise control petition.
Currently the NZMIC is collecting information to help it advocate on behalf of musicians and would like to hear from any venues that have had problems in running live music.
Anyone with feedback can contact Tom Clark by email: tom@nzmusic.org.nz
