Author: Admin

Friday, November 20, 2009

On Thursday, ten of those on board British Airways Flight 38 launched a case against Boeing over the accident before a court in Illinois. They are suing over an alleged flawed design that allowed an ice buildup to bring the 777 jet down at London’s Heathrow Airport. Scottish advocate Peter Macdonald spoke to Wikinews, commenting on the case and explaining the surrounding legislation. He has experience of litigating aviation accidents.

Although investigations are ongoing, the United Kingdom’s Air Accidents Investigation Branch (AAIB) has issued interim reports indicating ice buildup on an engine component. As the jet passed over Siberia on its journey from Beijing, China it encountered significantly reduced temperatures. The AAIB has determined that the fuel was at a temperature below 0°C for an unusually long duration. This is believed to have caused water in the fuel — which met all relevant international standards — to have frozen into crystals.

A build-up of ice developed on a component called the fuel/oil heat exchanger. This restricted the flow of fuel to the engine, resulting in an “uncommanded engine rollback” — a loss of power — on approach for landing. Investigators initially struggled to produce enough ice under test conditions but later discovered that at high concentration, fuel can form ice at very low temperatures in enough quantity to seriously restrict fuel flow. This does not occur when fuel demand is lower, as the hot oil then becomes sufficient to entirely melt the ice. It was only when extra fuel was pumped in from the tanks for the landing that the crystals became a problem. The fuel/oil heat exchanger is a dual purpose part designed to simultaneously melt fuel ice and cool down engine oil by passing oil pipes through the fuel flow.

The crew of the aircraft were praised for their handling of the emergency, avoiding the airport’s perimeter fence and nearby houses to crash land short of the runway. None of the 136 passengers and 16 crew were killed but some of those suffered serious injuries, including broken bones and facial injuries. Some were left unable to fly and there were cases of Post Traumatic Stress Disorder (PTSD).

The crash was triggered by highly unusual circumstances; the first AAIB report noted that cold fuel behaving in this manner was an “apparently hitherto unknown phenomenon.” As part of the investigation, data of 141,000 flights of 777s equipped with the engine model involved — the Rolls-Royce Trent 800 — was reviewed without finding any relevant circumstance similar to the accident flight, although there was later a similar incident in the United States in which the aircraft continued safely after repowering one engine; the second did not lose power.

Given the circumstances surrounding the case, Wikinews asked Peter Macdonald if the plaintiffs intended to prove that Boeing knew or should have known the Rolls-Royce powerplant was dangerously defective by design. “I rather suspect that there may be product liability legislation in place in whichever US jurisdiction is being used,” Macdonald explained. “Such statutes normally do not require proof of fault, nor do they require proof of knowledge. All that you have to show is that there was a defect in the product which caused the losses concerned… If I am correct that it is a product liability suit, then the fact that this is the first such accident matters not.”

Macdonald went on to discuss the international legislation and how it interacts to the plaintiffs and the three companies involved — Boeing, British Airways and Rolls-Royce. Only Boeing is currently named in an action over the case. “There are several reasons why the plaintiffs will wish to sue Boeing in the States,” he said. “Were the plaintiffs to seek redress in a court in the United Kingdom, it is unlikely that the relevant part of Boeing would be subject to jurisdiction here.” He also pointed out that “US damages are generally higher than English damages.”

“As to whether Boeing should settle, that all depends upon the basis of the action. If it is a fault [negligence] based action, they will be able to defend it. If fault is not needed, that is why they would want the action dismissed, forcing litigation in the UK.” In the UK, a product liability suit “would ordinarily be directed against the importers, i.e. British Airways… It would be a simple matter to sue BA here [the UK] for the physical injuries and their financial consequences,” said Macdonald. “That leaves RR [Rolls-Royce]. I assume that the engine was made in the UK. They would be liable for a defect in terms of the Consumer Protection Act 1987, Part I.” This piece of UK-wide legislation states that “where any damage is caused wholly or partly by a defect in a product [the manufacturer] shall be liable for the damage.” Damage includes injuries.

US courts decide international jurisdictional issues under the Jones Act, passed as a result of Bhopal litigation, “which makes it much more difficult for a foreigner to sue in the US if the accident did not happen there… My restricted understanding of that is that it is likely that it would be difficult to remove an action from a US court where the aircraft was made in the US.” He further pointed out that the court would require there to be an alternative court with jurisdiction over the issue. “It may well be that the relevant part of the Boeing group is not subject to the jurisdiction of the English courts… I have seen cases where it was made a condition of the grant of an order under the Jones Act that the defendants would submit to the jurisdiction of a court in Scotland and that they would not take a plea of time bar in the even that an action was raised within three months of the court order.”

He then addressed the international law with regards to what could be claimed for against air carriers such as BA. In a previous case against the same airline, Abnett v British Airways, the House of Lords ruled in 1997 “that the only remedy for an injured passenger on an international flight is to sue under the Warsaw Convention, Article 17, incorporated into our law by the Carriage by Air Act, 1961.” The Warsaw Convention governs liability for international commercial airlines. At the time, the House of Lords was the highest court of appeal in the UK, although it was recently replaced by the Supreme Court. The Abnett case referred to British Airways Flight 149, in which Iraq captured the aircraft and occupants when it landed in Kuwait hours after Iraq invaded in 1990. Peter Macdonald represented Abnett in this case.

The Convention “provides a remedy for “bodily injury”. Interestingly, the term only appeared in the final draft of the Warsaw Convention. There is no mention of the term in the minutes of the many sessions which lead up to the final draft. It was produced overnight and signed later that day.” This term creates difficulties in claiming for mental problems such as the fear of flying or PTSD, although Macdonald points out that “there is a large amount of medical literature which details physical and chemical changes in the brains of people who are suffering from PTSD.”

In King v Bristow Helicopters, heard before the House of Lords in 2002 “held that PTSD was not a “bodily injury”, but expressly left the door open for someone to try to prove that what is known as PTSD is the manifestation of physical changes in the brain which have been brought about by the trauma. Such a litigation is pending in Scotland.” Macdonald is acting in this case.

Actions against Boeing are not bound in this way, as the Warsaw Convention only applies to airlines, making the States an attractive place to sue due to the issues with demonstrating jurisdiction against the relevant part of the Boeing group in the UK. Another reason why the plaintiffs would prefer to sue in America is that in the UK “there would be liability [for BA], and that would be subject to a damages cap. An action in the US [against any defendant] would probably have the same cap, but is likely to award damages more generously in the event that the cap is not reached.”

Thursday, May 11, 2006

Mogadishu, capital of Somalia, is witnessing a heavy fighting over the past four days. Almost 100 people have died and 200 have been wounded in the clashes, as health officials said yesterday. The battle between the Islamic Court Union and the Alliance for the Restoration of Peace and Counterterrorism has centered on the northern neighborhood of Sii-Sii. Many of the casualties are civilians caught in the crossfire. There was a temporary truce, but that did not last long.

Islamic militia leader Sheikh Sharif Ahmed called a unilateral truce on Tuesday in response to appeals from those affected by the violence. But his opponents said the truce was called because of a lack of ammunition. The warlords’ alliance spokesman Hussein Gutale Rageh said they would only accept the ceasefire if their rivals withdrew from territory they have occupied during the fighting.

The fighting started late on Sunday, when an alliance of warlords attacked the vehicle of a group allied to the Islamic courts, according to eyewitnesses.

This is the second round of the city’s most serious fighting in a decade. In March 2006, clashes between the two sides killed at least 90 people.

The United Nations has appealed to both sides to halt the clashes. UN special representative for Somalia, Francois Lonseny Fall, appealed today for the rival militias to end the hostilities, saying they had created fear and chaos for civilians caught in the crossfire.

“The indiscriminate use of heavy machine guns, mortars, rocket-propelled grenades and artillery in and between urban areas is unacceptable,” said Francois Fall.

Somalia has not had an effective national authority for 15 years after the ousting of longtime dictator President Siad Barre in 1991. A UN-backed transitional government has based itself in the central city of Baidoa, but has so far failed to assert itself elsewhere.

Islamic fundamentalists have portrayed themselves as an alternative capable of bringing order and peace, but they have not hesitated to use force and have allegedly linked up with al-Qaeda terrorists. The Islamic courts have restored order to some parts of the city by providing justice under Sharia – Islamic law. The courts say the warlords alliance is a pawn of the United States.

Last week, Somalia President Abdullahi Yusuf accused the US of funding the coalition of warlords. The US government says it does support efforts to restore stability to Somalia but refuses to give details on who it backs and how. The alliance of warlords recently created the Alliance for the Restoration of Peace and Counter-Terrorism. It has an anti-terror task force based in nearby Djibouti. It accuses the Islamic courts of sheltering foreign al-Qaeda leaders.

Monday, May 14, 2007

Buffalo, New York —A massive warehouse complex of at least 5 buildings caught on fire in Buffalo, New York on 111 Tonawanda Street, sending a plume of thick, jet black colored smoke into the air that could be seen as far away as 40 miles.

As of 6:40 a.m., the fire was under control, and firefighters were attempting to stop it from spreading, but could not get to the center of the fire because of severe amounts of debris. Later in the morning, the fire was extinguished.

“The fire is mostly under debris at this point. It’s under control, but it’s under some debris. We really can’t get to it. We’re just going to have to keep on pouring water on it so it doesn’t spread,” said Thomas Ashe, the fire chief for the North Buffalo based fire division who also added that at one point, at least 125 firefighters were on the scene battling the blaze. One suffered minor injures and was able to take himself to the hospital to seek medical attention.

Shortly after 8:00 p.m. as many as 3 explosions rocked the warehouse sending large mushroom clouds of thick black smoke into the air. After the third explosion, heat could be felt more than 100 feet away. The fire started in the front, one story building then quickly spread to three others, but fire fighters managed to stop the flames from spreading onto the 3 story building all the way at the back.

According to a Buffalo Police officer, who wished not to be named, the fire began at about 7:00 p.m. [Eastern time], starting as a one alarm fire. By 8:00 p.m., three fire companies were on the scene battling the blaze. Police also say that a smaller fire was reported in the same building on Saturday night, which caused little damage.

At the start of the fire, traffic was backed up nearly 4 miles on the 198 expressway going west toward the 190 Interstate and police had to shut down the Tonawanda street exit because the road is too close to the fire.

At one point, traffic on the 198 was moving so slow, at least a dozen people were seen getting out of their cars and walking down the expressway to watch the fire. That prompted as many as 10 police cars to be dispatched to the scene to force individuals back into their cars and close off one of the 2 lanes on the westbound side.

One woman, who wished not to be named as she is close to the owner of the warehouse, said the building is filled with “classic cars, forklifts, and money” and that owner “does not have insurance” coverage on the property. The building is not considered abandoned, but firefighters said that it is vacant.

Officials in Fort Erie, Ontario were also swamped with calls to fire departments when the wind blew the smoke over the Niagra River and into Canada.

It is not known what caused the fire, but a car is suspected to have caught on fire and there are reports from police and hazmat crews, that there were also large barrels of diesel fuel being stored in one building. Firefighters say the cause of the blaze is being treated as “suspicious.” The ATF is investigating the fire and will bring dogs in to search the debris.

Wednesday, April 13, 2005

Following weeks of speculation in some media quarters, it has been announced that Britney Spears, 23, is pregnant. In a posting on her Web site, Spears announced that she and husband, Kevin Federline, 27, were expecting their first child together. Her publicist, Sonia Muckle, confirmed the singer’s pregnancy Tuesday but gave no further information.

“The time has finally come to share our wonderful news that we are expecting our first child together. There are reports that I was in the hospital this weekend,” read a statement allegedly written by Spears.

Federline has two children with his ex-girlfriend, actress Shar Jackson. He met Spears last year when he was a backup dancer on her tour and his girlfriend was pregnant with their son.

Monday, March 12, 2007

A CSX freight train traveling from Buffalo to Selkirk derailed in Oneida, New York.

No injuries have yet been reported as a result of the accident. It is not yet known what caused the accident; CSX and NTSB officials are investigating.

Twenty six of the train’s 79 cars derailed around 7:00 a.m. local time; the derailment led to the explosion of at least one tank car carrying propane. Two other cars are known to contain hazardous materials. As many as seven cars have been reported as burning.

As a precaution, 23 miles (37 kilometers) of the adjacent Thruway have been closed between Syracuse and Verona. Authorities have ordered a complete evacuation for a one-mile radius around the derailment site, including a jail and two elementary schools. Amtrak’s Empire Service between Albany and Syracuse is suspended and Lake Shore Limited between Syracuse and Chicago is also affected; passengers on these routes are being bused around the affected area.

At the time of the accident the train had a two-man crew and was traversing a section of track that has a 60 mile per hour (MPH) speed limit. The train crew were not injured; it is not yet known what speed the train was traveling when the accident occurred.

Monday, December 2, 2013

Police in the West Midlands in England today said nearly 200 kilograms worth of drugs with value possibly as great as £30 million (about US$49 million or €36 million) has been seized from a unit in the town of Brownhills. In what an officer described as “one of the largest [seizures] in the force’s 39 year history”, West Midlands Police reported recovering six big cellophane-wrapped cardboard boxes containing cannabis, cocaine, and MDMA (“ecstasy”) in a police raid operation on the Maybrook Industrial Estate in the town on Wednesday.

The seized boxes, which had been loaded onto five freight pallets, contained 120 one-kilogram bags of cannabis, 50 one-kilogram bags of MDMA, and five one-kilogram bricks of cocaine. In a press release, West Midlands Police described what happened after officers found the drugs as they were being unloaded in the operation. “When officers opened the boxes they discovered a deep layer of protective foam chips beneath which the drugs were carefully layered”, the force said. “All the drugs were wrapped in thick plastic bags taped closed with the cannabis vacuum packed to prevent its distinctive pungent aroma from drawing unwanted attention.” Police moved the drugs via forklift truck to a flatbed lorry to remove them.

Detective Sergeant Carl Russell of West Midlands Police’s Force CID said the seizure was the largest he had ever made in the 24 years he has been in West Midlands Police and one of the biggest seizures the force has made since its formation in 1974. “The impact this seizure will have on drug dealing in the region and the UK as a whole cannot be underestimated”, he said. “The drugs had almost certainly been packed to order ready for shipping within Britain but possibly even further afield. Our operation will have a national effect and we are working closely with a range of law enforcement agencies to identify those involved in this crime at whatever level.”

Expert testing on the drugs is ongoing. Estimates described as “conservative” suggest the value of the drugs amounts to £10 million (about US$16.4 million or €12 million), although they could be worth as much as £30 million, subject to purity tests, police said.

Police arrested three men at the unit on suspicion of supplying a controlled drug. The men, a 50-year-old from Brownhills, a 51-year-old from the Norton area of Stoke-on-Trent in Staffordshire, and one aged 53 from Brownhills, have been released on bail as police investigations to “hunt those responsible” continue. West Midlands Police told Wikinews no person has yet been charged in connection with the seizure. Supplying a controlled drug is an imprisonable offence in England, although length of jail sentences vary according to the class and quantity of drugs and the significance of offenders’ roles in committing the crime.

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.