Injunction sought by Arts Centre

Press, 27 July 1984, Page 13

Injunction sought by Arts Centre

An application to restrict the Free Theatre’s use of the Arts Centre came before Mr Justice Roper in the High Court yesterday after it was stood do,vn last November. The Arts Centre board is seeking an injunction to restrict the Free Theatre’s use of its leased premises so that any noise it makes will not disturb other tenants. Opening the Arts Centre’s case, Mr Errol Higgins said the Arts Centre board did no seek to put the Free Theatre out on the street, but wanted to restrict its activities to between 9 a.m. and 5 pm. on weekdays until the theatre was adequately sound proofed. The Free Theatre has filed a counter claim against the Arts Centre claiming $12,000 damages. Opening the theatre’s case, Mr Chris McVeigh said there was no dispute that the Free Theatre had a valid lease. The issue to be determined was whether it had breached the lease, and even if it had become a nuisance under these terms, he submitted the landlord was not entitled to the relief he sought The hearing will continue today. The former director of the Arts Centre, Mr Ray Sleeman, told the Court that the amount of noise transmitted from the theatre to the flats above was a concern from the beginning. One of the requirements of the arrangement with the Free Theatre was that the theatre (the old English Lecture Theatre) should be sound proofed, “They took it on that basis.” In June, 1982, representatives of the Free Theatre approached the Dean of the Canterbury University Engineering Department, Professor Dennis Stevenson, for advice. Professor Stevenson’ said that he carried out tests and recommended that a flexible suspended ceiling be installed. He heard no more Shark alarm Four-metre sharks are causing alarm on the sunbaked south-western coast of France, where they have never been seen before. Roaming the shallow waters in packs, they have been scattering holidaymakers out of the water faster than you can say “Jaws.” Although the sharks, which are much larger than the basking variety normally, found off the French coast, have shown no aggressiveness yet, authorities are taking no chances — Bordeaux.

from the theatre until a year later when he was told the renovations had been completed. Professor Stevenson told the Court that he made his recommendations on the assumption that the premises would be used for “conventional” theatre with noises such as raised voices, crowd scenes, piano music, and occasional pistol shots. On June 1, 1983, he attended the Free Theatre’s performance of “Joffongract” and admitted it was a surprise to him. The noise levels were above those recommended by the Health Department for hearing conservation and there was no chance of talking to another person less than half a metre away without shouting. “Even if the ceiling had been correctly installed — and I don’t, know if it has or has not — I do not think it would be sufficient for the noises produced by the Free Theatre. “If I had known* the sort of sounds that were going to be made, both the loudness and frequency range, I

would not have recommended that it be used for a theatre at all,” said Professor Stevenson. He believed the theatre could only be sound proofed at enormous expense and made further reports on the problem in May, October, and November last year. One of his recommendations was the installation of a 150 mm concrete slab isolated from the ceiling. Further tests should then be made for flanking sounds before more sound proofing was done. Professor Stevenson said he was disappointed to find that the Free Theatre had suspended the ceiling with chains because under tension a chain has the same effect as a steel rod. During cross-examination by Mr McVeigh, Professor Stevenson said he could not recall seeing or talking about the plans incorporating chains. He said he would be surprised to think he approved the use of chains. Mrs Marion Griffin, who lives in the flat directly above the theatre, said that

she is continually distracted by the construction of sets, theatrical performances, and parties afterwards. Shouting, thumping, severe vibrations, loud voices, and music come up from directly under her feet at : all times during the day and ■ night until the early hours of the morning. “I have had to use exces- - sive patience for the last * two years,” she said. Another tenant, Mrs Heather Campbell, said the after-theatre activities were her “bone of contention.” A Free Theatre actor, Mr Stuart McKenzie, gave evidence that he had never attended a party at the theatre’s premises in the 12 months he had been involved with it Nor could he remember any other people staying on until 2 a.m. or 3 am. He admitted that the night Professor Stevenson attended a performance of the “Joffongract” the sound had been accidentally turned up. He said it only happened on the one occasion.