Thursday, June 25, 2015

Live music venues in Edinburgh, Scotland are awaiting a review later this year on the 2005 licensing policy, which places limitations on the volume of amplified music in the city. Investigating into how the policy is affecting the Edinburgh music scene, a group of Wikinews writers interviewed venue owners, academics, the City of Edinburgh Council, and local band The Mean Reds to get different perspectives on the issue.

Since the clause was introduced by the government of the city of Edinburgh, licensed venues have been prohibited from allowing music to be amplified to the extent it is audible to nearby residential properties. This has affected the live music scene, with several venues discontinuing regular events such as open mic nights, and hosting bands and artists.

Currently, the licensing policy allows licensing standards officers to order a venue to cease live music on any particular night, based on a single noise complaint from the public. The volume is not electronically measured to determine if it breaches a decibel volume level. Over roughly the past year there have been 56 separate noise complaints made against 18 venues throughout the city.

A petition to amend the clause has garnered over 3,000 signatures, including the support of bar owners, musicians, and members of the general public.

On November 17, 2014, the government’s Culture and Sport Committee hosted an open forum meeting at Usher Hall. Musicians, venue owners and industry professionals were encouraged to provide their thoughts on how the council could improve live music in the city. Ways to promote live music as a key cultural aspect of Edinburgh were discussed and it was suggested that it could be beneficial to try and replicate the management system of live music of other global cities renowned for their live music scenes. However, the suggestion which prevailed above all others was simply to review the existing licensing policy.

Councillor (Cllr) Norma Austin-Hart, Vice Convenor of the Culture and Sport Committee, is responsible for the working group Music is Audible. The group is comprised of local music professionals, and councillors and officials from Edinburgh Council. A document circulated to the Music is Audible group stated the council aims “to achieve a balance between protecting residents and supporting venues”.

Following standard procedure, when a complaint is made, a Licensing Standards Officer (LSO) is dispatched to investigate the venue and evaluate the level of noise. If deemed to be too loud, the LSO asks the venue to lower the noise level. According to a document provided by the City of Edinburgh Council, “not one single business has lost its license or been closed down because of a breach to the noise condition in Edinburgh.”

In the Scotland Licensing Policy (2005), Clause 6.2 states, “where the operating plan indicates that music is to be played in a premises, the board will consider the imposition of a condition requiring amplified music from those premises to be inaudible in residential property.” According to Cllr Austin-Hart, the high volume of tenement housing in the city centre makes it difficult for music to be inaudible.

During the Edinburgh Festival Fringe during the summer, venues are given temporary licences that allow them to operate for the duration of the festival and under the condition that “all amplified music and vocals are controlled to the satisfaction of the Director of Services for Communities”, as stated in a document from the council. During the festival, there is an 11 p.m. noise restriction on amplified music, and noise may be measured by Environmental Health staff using sophisticated equipment. Noise is restricted to 65dB(A) from the facades of residential properties; however, complaints from residents still occur. In the document from the council, they note these conditions and limitations for temporary venues would not necessarily be appropriate for permanent licensed premises.

In a phone interview, Cllr Austin-Hart expressed her concern about the unsettlement in Edinburgh regarding live music. She referenced the closure of the well-known Picture House, a venue that has provided entertainment for over half a century, and the community’s opposition to commercial public bar chain Wetherspoon buying the venue. “[It] is a well-known pub that does not play any form of music”, Cllr Austin-Hart said. “[T]hey feel as if it is another blow to Edinburgh’s live music”. “[We] cannot stop Wetherspoon’s from buying this venue; we have no control over this.”

The venue has operated under different names, including the Caley Palais which hosted bands such as Queen and AC/DC. The Picture House opened in 2008.

One of the venues which has been significantly affected by the licensing laws is the Phoenix Bar, on Broughton Street. The bar’s owner, Sam Roberts, was induced to cease live music gigs in March, following a number of noise complaints against the venue. As a result, Ms Roberts was inspired to start the aforementioned petition to have Clause 6.2 of the licensing policy reviewed, in an effort to remove the ‘inaudibility’ statement that is affecting venues and the music scene.

“I think we not only encourage it, but actively support the Edinburgh music scene,” Ms Roberts says of the Phoenix Bar and other venues, “the problem is that it is a dying scene.”

When Ms Roberts purchased the venue in 2013, she continued the existing 30-year legacy established by the previous owners of hosting live acts. Representative of Edinburgh’s colourful music scene, a diverse range of genres have been hosted at the venue. Ms Roberts described the atmosphere when live music acts perform at her venue as “electric”. “The whole community comes together singing, dancing and having a party. Letting their hair down and forgetting their troubles. People go home happy after a brilliant night out. All the staff usually join in; the pub comes alive”. However licensing restrictions have seen a majority of the acts shut down due to noise complaints. “We have put on jazz, blues, rock, rockabilly, folk, celtic and pop live acts and have had to close everything down.” “Residents in Edinburgh unfortunately know that the Council policy gives them all the rights in the world, and the pubs and clubs none”, Ms Roberts clarified.

Discussing how inaudibility has affected venues and musicians alike, Ms Roberts stated many pubs have lost profit through the absence of gigs, and trying to soundproof their venue. “It has put many musicians out of work and it has had an enormous effect on earnings in the pub. […] Many clubs and bars have been forced to invest in thousands of pounds worth of soundproofing equipment which has nearly bankrupted them, only to find that even the tiniest bit of noise can still force a closure. It is a ridiculously one-sided situation.” Ms Roberts feels inaudibility is an unfair clause for venues. “I think it very clearly favours residents in Edinburgh and not business. […] Nothing is being done to support local business, and closing down all the live music venues in Edinburgh has hurt financially in so many ways. Not only do you lose money, you lose new faces, you lose the respect of the local musicians, and you begin to lose all hope in a ‘fair go’.”

With the petition holding a considerable number of signatures, Ms Roberts states she is still sceptical of any change occurring. “Over three thousand people have signed the petition and still the council is not moving. They have taken action on petitions with far fewer signatures.” Ms Roberts also added, “Right now I don’t think Edinburgh has much hope of positive change”.

Ms Roberts seems to have lost all hope for positive change in relation to Edinburgh’s music scene, and argues Glasgow is now the regional choice for live music and venues. “[E]veryone in the business knows they have to go to Glasgow for a decent scene. Glasgow City Council get behind their city.”

Ms Martina Cannon, member of local band The Mean Reds, said a regular ‘Open Mic Night’ she hosted at The Parlour on Duke Street has ceased after a number of complaints were made against the venue. “It was a shame because it had built up some momentum over the months it had been running”. She described financial loss to the venue from cancelling the event, as well as loss to her as organiser of the event.

Sneaky Pete’s music bar and club, owned by Nick Stewart, is described on its website as “open and busy every night”.”Many clubs could be defined as bars that host music, but we really are a music venue that serves drinks”, Mr Stewart says. He sees the live music scene as essential for maintaining nightlife in Edinburgh not only because of the economic benefit but more importantly because of the cultural significance. “Music is one of the important things in life. […] it’s emotionally and intellectually engaging, and it adds to the quality of life that people lead.”

Sneaky Pete’s has not been immune to the inaudibility clause. The business has spent about 20,000 pounds on multiple soundproofing fixes designed to quell complaints from neighboring residents. “The business suffered a great deal in between losing the option to do gigs for fear of complaints, and finishing the soundproofing. As I mentioned, we are a music business that serves drinks, not a bar that also has music, so when we lose shows, we lose a great deal of trade”, said Mr Stewart.

He believes there is a better way to go about handling complaints and fixing public nuisances. “The local mandatory condition requiring ‘amplified music and vocals’ to be ‘inaudible’ should be struck from all licenses. The requirement presupposes that nuisance is caused by music venues, when this may not reasonably be said to be the case. […] Nuisance is not defined in the Licensing Act nor is it defined in the Public Health Act (Scotland) 2008. However, The Consultation on Guidance to accompany the Statutory Nuisance Provisions of the Public Health etc (Scotland) Act 2008 states that ‘There are eight key issues to consider when evaluating whether a nuisance exists[…]'”.

The eight key factors are impact, locality, time, frequency, duration, convention, importance, and avoidability. Stewart believes it is these factors that should be taken into consideration by LSOs responding to complaints instead of the sole factor of “audibility”.He believes multiple steps should be taken before considering revocation of licenses. Firstly, LSOs should determine whether a venue is a nuisance based on the eight factors. Then, the venue should have the opportunity to comply by using methods such as changing the nature of their live performances (e.g. from hard rock to acoustic rock), changing their hours of operation, or soundproofing. If the venue still fails to comply, then a board can review their license with the goal of finding more ways to bring them into compliance as opposed to revoking their license.

Nick Stewart has discussed his proposal at length with Music is Audible and said he means to present his proposal to the City of Edinburgh Council.

Dr Adam Behr, a music academic and research associate at the University of Edinburgh who has conducted research on the cultural value of live music, says live music significantly contributes to the economic performance of cities. He said studies have shown revenue creation and the provision of employment are significant factors which come about as a result of live music. A 2014 report by UK Music showed the economic value generated by live music in the UK in 2013 was £789 million and provided the equivalent of 21,600 full time jobs.

As the music industry is international by nature, Behr says this complicates the way revenue is allocated, “For instance, if an American artist plays a venue owned by a British company at a gig which is promoted by a company that is part British owned but majority owned by, say, Live Nation (a major international entertainment company) — then the flow of revenues might not be as straightforward as it seems [at] first.”

Despite these complexities, Behr highlighted the broader advantages, “There are, of course, ancillary benefits, especially for big gigs […] Obviously other local businesses like bars, restaurants and carparks benefit from increased trade”, he added.

Behr criticised the idea of making music inaudible and called it “unrealistic”. He said it could limit what kind of music can be played at venues and could force vendors to spend a large amount of money on equipment that enables them to meet noise cancelling requirements. He also mentioned the consequences this has for grassroots music venues as more ‘established’ venues within the city would be the only ones able to afford these changes.

Alongside the inaudibility dispute has been the number of sites that have been closing for the past number of years. According to Dr Behr, this has brought attention to the issue of retaining live music venues in the city and has caused the council to re-evaluate its music strategy and overall cultural policy.

This month, Dr Behr said he is to work on a live music census for Edinburgh’s Council which aims to find out what types of music is played, where, and what exactly it brings to the city. This is in an effort to get the Edinburgh city council to see any opportunities it has with live music and the importance of grassroots venues. The census is similar to one conducted in Victoria, Australia in 2012 on the extent of live music in the state and its economic benefit.

As for the solution to the inaudibility clause, Behr says the initial step is dialogue, and this has already begun. “Having forum discussion, though, is a start — and an improvement”, he said. “There won’t be an overnight solution, but work is ongoing to try to find one that can stick in the long term.”

Beverley Whitrick, Strategic Director of Music Venue Trust, said she is unable to comment on her work with the City of Edinburgh Council or on potential changes to the inaudibility clause in the Licensing Policy. However, she says, “I have been asked to assess the situation and make recommendations in September”.

According to The Scotsman, the Council is working toward helping Edinburgh’s cultural and entertainment scene. Deputy Council Leader Sandy Howat said views of the entertainment industry needs to change and the Council will no longer consider the scene as a “sideline”.

Senior members of the Council, The Scotsman reported, aim to review the planning of the city to make culture more of a priority. Howat said, “If you’re trying to harness a living community and are creating facilities for people living, working and playing then culture should form part of that.”

The review of the inaudibility clause in the Licensing Policy is set to be reviewed near the end of 2016 but the concept of bringing it forward to this year is still under discussion.

Thursday, July 3, 2014

Ian Narev, the CEO of the Commonwealth Bank of Australia, this morning “unreservedly” apologised to clients who lost money in a scandal involving the bank’s financial planning services arm.

Last week, a Senate enquiry found financial advisers from the Commonwealth Bank had made high-risk investments of clients’ money without the clients’ permission, resulting in hundreds of millions of dollars lost. The Senate enquiry called for a Royal Commission into the bank, and the Australian Securities and Investments Commission (ASIC).

Mr Narev stated the bank’s performance in providing financial advice was “unacceptable”, and the bank was launching a scheme to compensate clients who lost money due to the planners’ actions.

In a statement Mr Narev said, “Poor advice provided by some of our advisers between 2003 and 2012 caused financial loss and distress and I am truly sorry for that. […] There have been changes in management, structure and culture. We have also invested in new systems, implemented new processes, enhanced adviser supervision and improved training.”

An investigation by Fairfax Media instigated the Senate inquiry into the Commonwealth Bank’s financial planning division and ASIC.

Whistleblower Jeff Morris, who reported the misconduct of the bank to ASIC six years ago, said in an article for The Sydney Morning Herald that neither the bank nor ASIC should be in control of the compensation program.

Friday, August 19, 2005

An explosion from an underground utility chamber in downtown San Francisco severely injured a woman and shattered a window at a Ralph Lauren clothing store shortly after 10:00 a.m. Pacific time Friday. According to a caller to KCBS radio, a woman was engulfed in flames after the explosion triggered a fire in the store. The fire was quickly put out.

A bomb squad is currently investigating the explosion, and the cause has yet to be determined. One official said the explosion may have been caused by an electrical transformer. A witness described a fireball coming out of the side of the building

Pacific Gas & Electric Co. company spokesman Paul Moreno has stated that “there was no indication of a gas leak.” Moreno also described the aftermath of the blast. “The explosion did displace manhole covers — two round steel ones — and it also displaced a concrete cover as well,” Moreno said.

Some accounts have described a rift in the sidewalk caused by the explosion below.

Construction worker Tom Demartini, who was sitting in his truck outside the Ralph Lauren store, stated he saw the sidewalk rise up six or seven inches. “It sounded like a big poof, then there was a lot of smoke,” Demartini said. “One woman looked like she was badly burned.”

The burned woman was taken to the emergency room at St. Francis Hospital. Hospital spokeswoman Linda Gillespie had no immediate comment on her condition. Her name was not released.

Workers in a nearby office building described how the blast shook their buildings and that they thought it was an earthquake. According to one woman, the elevator in her building stopped.

Scores of police have evacuated buildings several blocks around the explosion. Kearny street between Sutter and Market has been closed to both vehicles and pedestrians.

Sunday, March 27, 2005

Danville, California – The California-based Engligh language tracker, Global Language Monitor, released its 2005 list of most confusing – yet frequently cited – high tech buzzwords to be “HTTP,” “Voice Over IP” (VoIP), and “Megapixel.” Closely following were “Plasma,” “Robust,” “WORM” and “Emoticon.”

In early March, the group used a predictive index computer algorithm to track specific words and phrases in the media and on the Internet. They were tracked in relation to frequency, contextual usage and appearance in global media outlets.

The Global Language Monitor claims to analyze and catalogue trends in word usage and word choices, focusing on the linguistic impact on various cultures. The GLM says it relies upon a global network of volunteer linguists, professional wordsmiths and other bibliophiles to monitor the trends in the evolution and demise of world languages.

GLM’s list, in order of frequency of use, of the most-confusing technology terms with the group’s explanation as to why they are faulty follows:

1. HTTP – HyperText Transfer Protocol is the standard protocol used for transmitting web pages (which are written in HTML (HyperText Markup Language)), not text written while hyper on too much Starbucks coffee. There are more than 1 billion references to HTTP on the web alone.
2. Voice over IP – Voice over Internet Protocol, (pronounced voyp, similar to Detroit) is a way of transmitting voice data over the Internet. VoIP is becoming more popular as services such as Skype offer people free voice communication with anyone with a broad-band connection.
3. Megapixel – Approximately one million pixels, not a single, big pixel (“mega” is the metric system prefix for million). “Pixel” itself is a technical term which means “picture element”. Digital pictures consist of a grid of millions of pixels, which are square or rectangular dots, each having a single colour.
4. Plasma – A plasma display (commonly used in televisions) is a flat, lightweight surface with a grid of millions of tiny glass bubbles containing plasma. A digitally controlled electric current flows through the bubbles causing the plasma inside to glow various colours. Plasma displays have nothing to do with blood plasma.
5. Robust – Robustness generally means “it won’t break easily.” It supposedly describes computer programs or hardware that have been well-tested and demonstrated to not crash or fail often, but since it is a vague term by nature (how robust is robust?) it is frequently used by marketing types regardless.
6. WORM – While a worm is a type of computer virus, WORM stands for ’Write Once, Read Many’. It describes a file system primarily used for optical disks, such as CDs and DVDs. For example, CD-Rs can only be written (or “burned”) once but afterwards can be read many times (otherwise you could only listen to your music CD once). This excludes re-writable CDs which can be written many times.
7. Emoticon – Emoticon stands for emotional icon. An emoticon is a sequence of characters that look visually like a face and are used in text chat to convey emotion. The most common emoticon is the smiley face – 🙂 – which looks like two eyes and a mouth turned 90 degrees.
8. Best of Breed – Not to be confused with the Westminster Dog Show, a best-of-breed product is a personalized solution made of components from various manufacturers; in other words, it’s a sort of high tech ‘mix-and-match’.
9. Viral Marketing – A recent marketing trend which relies on word-of-mouth to spread, rather than traditional advertising strategies. It is called “viral” because as people talk about it, the marketing message “spreads” to new people, who in turn inform others, and so on, which is how viruses spread. The Burger King “Subservient Chicken” campaign is considered an example of viral marketing. Computer viruses used by spammers to turn desktop computers into “zombie” spam relays are something completely different.
10. Data Migration – Data migration is an idealistic (though usually impossible) concept where data can be used by different versions of the program in which it was created (newer or older). The migration (migration means “to move”) refers to the fact that the data is moved from one version (or program) to another without difficulty or loss of information. It is a subset of backward and forward compatibility.

Other terms being tracked included “client/server,” “solution,” “paradigm,” “backward compatible,” and the “STUN protocol.”

Saturday, December 8, 2007

Academy Award winning actor and political activist Sean Penn has just thrown his support in the 2008 US Presidential election behind Dennis Kucinich.

In a San Francisco speech described by his PR people as “a blistering indictment of political leaders and an impassioned endorsement of Presidential proportions,” Penn threw his support behind the lesser known Democratic candidate.

The Kucinich campaign did not vet the speech.

Other recent celebrity endorsements in the race include Oprah Winfrey for Barack Obama, Red Sox pitcher Curt Schilling for John McCain, Harry Belafonte endorsed John Edwards, and both 50 Cent and Barbra Streisand behind Hillary Clinton. Chuck Norris has backed Mike Huckabee in a high profile, comedic endorsement ad.

Penn first became politically active in October 2002, when he spent $56,000 on a full-page ad in the Washington Post, asking President George W. Bush to end “a cycle of violence”. He visited Iraq briefly in December of that year, Iran in 2005 as a journalist, and met with Venezuelan president Hugo Chávez for two hours in 2007.

Penn went to New Orleans to “aid rescue workers” after Hurricane Katrina; many questioned how much of a liability an untrained worker, especially when his boat sprang a leak, would be. One website commented “just showed up with his entourage and a personal photographer with the apparent intent of just wandering around looking for a good photo op.”

Wednesday, May 9, 2007

An Afghan doctor, Rahmatullah Hanefi, who works for the Italian non-governmental organization (NGO), Emergency, will go on trial in Afghanistan for his alleged role in the March, 2007 slaying of Afghan interpreter and reporter, Adjmal Nashbandi.

Italian journalist, Daniele Mastrogiacomo, his driver and interpreter were kidnapped by the Taliban in Helmond Province, Afghanistan on March 5, 2007. During the ensuing negotiations for Mastrogiacomo’s release, his driver, Sayed Agha, was killed by their Taliban captors. Mastrogiacomo’s interpreter, Adjmal Nashbandi, was later executed by the Taliban. The release of Mastrogiacomo was controversial and criticized at the time for the exchange of five Taliban prisoners in return. Hanefi mediated negotiations, reportedly, with the Taliban for the release of Mastrogiacomo.

Afghanistan’s ambassador in Rome said Tuesday that Hanefi would be put on trial “soon”. It was not revealed what the specific charges against Hanefi are, but it has been suggested that the offence may be accessory to murder in the death of Nashbandi. “Hanefi’s case will come to trial soon, maybe in a week, and a lawyer will be nominated to assist him,” said Musa Maroufi, Afghanistan’s ambassador to Italy. He added that “no execution will be carried out” against Hanefi.

In April, Emergency closed the three hospitals it operates in Afghanistan. The NGO has denied that Hanefi had anything to do with Nashbandi’s death. In a news update on its U.S. website Monday, Emergency suggested that their international staff were forcibly removed from the hospitals by Afghan authorities.

“Continuing under a pretense of normalcy in this situation would provide services so inadequate as to endanger our patients,” said Emergency in the news update. They have decided “to suspend all activity until conditions allowed for the return of… international staff” and suggested a clarification was required from the Afghan government “concerning intimidating threats” allegedly made by the government.

Emergency is pressing for the release of Hanefi.

Tuesday, January 27, 2009

Martin Garbus, Esq. filed a shareholder derivative suit Monday against Marvel Entertainment and its Chief Executive Officer Isaac Perlmutter, as well as Stan Lee, the creator of Marvel superhero characters, and Lee’s wife and former Marvel Studios head, Avi Arad. The suit is for more than US$750 million (£528M) — about half of the estimated proceeds from Marvel’s movies.

Plaintiff Stan Lee Media (SLM) has four shareholders who live in Florida, California and Canada, and include Jose Abadin and Nelson Thall. The company is suing for recovery of civil damages representing one-half of film and book earnings from such blockbuster films as Spider-Man, Iron Man, X-Men, Hulk, and Fantastic Four franchises.

Defendants are accused of copyright violations over both the Marvel superhero characters and intellectual properties created by Stan Lee. Spider-Man’s three cinematic outings, starring Tobey Maguire, earned more than $1bn (£702m). “Most of Marvel’s financial success, including from the films, comes out of assets created by Stan Lee that are the subject of this suit,” the complaint states.

Lee, 86, has denied the allegations and has previously filed his own $50 million counter lawsuit against SLM, claiming the company has destroyed his name and reputation and prevented his effort to develop such properties as “The Accuser” and “The Drifter” and others via his first-look deals with Disney and Virgin Comics. Lee also co-created Daredevil, Doctor Strange and Thor.

Former dot-com company STM further alleges that it has agreed to pay Lee a $250,000 annual salary plus $100 million in company stock in exchange for the rights to the superhero characters. “That money should have gone to the corporation,” said Garbus. Lee’s counsel, Mark Williams, replied: “We look forward to a positive resolution for Stan Lee and his family.” Marvel has said the court pleadings, which were filed in U.S. District Court in Manhattan, are filled with “ridiculous claims”.

SLM ran out of operating capital during the dot-com meltdown in December 2000, closing operations entirely by December 19 of that year. The company was placed into Chapter 11 Reorganization in Bankruptcy by Stan Lee in 2001. During the insolvency proceedings, Lee assigned the major character franchises he had created to his new public company, POW! Entertainment, without the bankruptcy court’s approval.

Two multi-billion dollar lawsuits for damages were filed against Lee, his new company, his new partner Arthur Lieberman and Marvel Entertainment for cybersquatting and failure to disclose the existence and value of the Rights Assignment Lee made to the company when he founded it.

The company remained under bankruptcy protection until the US Trustee for the Central District of California moved to dismiss the bankruptcy proceedings for failure of the company as debtor in possession to comply with basic requirements of filing monthly reports and paying quarterly fees to the Trustee. SLM was taken back by the shareholders after its dismissal from bankruptcy and hired a legal and accounting forensic consultant to review all transactions that occurred during bankruptcy.

By November 2006, all of the officers and directors of the company had resigned or abandoned their positions and the company’s lawyers for the debtors in possession attempted to obtain court authorization to destroy or dispose of the company’s books and records. This initiated a long-running legal battle between shareholders and the company’s founder, Lee.

The plaintiffs in this most recent suit contend that Lee, Perlmutter, Arthur Lieberman and Avi Arad conspired in bad faith to conceal and misappropriate financial interests in Lee’s creations assigned to Stan Lee Media in 1998. SLM’s meltdown involved its former President Peter F. Paul fleeing to Brazil, contributions made to Bill and Hillary Clinton, Paul’s extradition and more. In 2007, SLM filed a $5 billion lawsuit in which it claimed co-ownership of all of Stan Lee’s creations for Marvel.