Music Venue Trust slams Welsh council over ‘shocking’ prosecution

Anthony Lewis

The owner of a former music venue in Merthyr Tydfil and a UK music charity have expressed their disappointment over council court action being taken despite it now being closed.

The Scala in John Street closed last August after a noise complaint from a resident led to a review of its licence by the council.

Noise abatement measures were placed on the venue and it was told to stop live music at 8pm, and an independent noise impact assessment and works to ensure the future acoustic integrity of the building were required.

Owner Lyn Williams and the Music Venue Trust (MVT) have spoken out against the court action, which they say doesn’t serve the public interest.

The charity said: “As an important cultural hub, The Scala had, until early in 2024, been a member of the Music Venues Alliance.

“Sadly, The Scala was forced to close in August 2024, due to pressure brought upon the operators of the business by the local authority’s licensing and environmental health departments.

“Following noise complaints from a single neighbour, local authority Merthyr Tydfil officers have undertaken several courses of action against the venue, that we believe are both disproportionate and heavy-handed, missing key opportunities for a mediated solution to be found.

“When the news about the venue’s licence review became public, there was a groundswell of support for the venue, evidencing a clear desire in the community for a grassroots music space and yet, despite this, Merthyr Tydfil council officers maintained a rapid path towards enforcement.

“In a very short period, the venue was issued a noise abatement order, an interview under caution, a licence review and now – although the ‘nuisance’ is abated with the venue making the decision to close – the operator is being pursued through the courts.

“For these reasons, we strongly feel that the purpose of the noise abatement order has been fulfilled.”

The charity added: “We are deeply disappointed with the local authority’s determination to continue with this court action. It is a waste of the court’s time and at a considerable cost to the public purse, whilst offering no beneficial outcome to the wider public’s interest.

“The owner wrote to the council in September asking them to consider whether it was in the public interest to continue with the prosecution given the venue was permanently closed, and they responded the following month rejecting those overtures, saying that they intended to proceed.

“MVT has 10 years of sector experience across the UK, and we have been shocked by the way in which Merthyr Tydfil council has pursued this course of action without appropriate scope for mediation or allowing remedy improvements to take effect.

“MVT fully understands the need for venues to be aware of their responsibilities, and recognise their position in the community.

“We have supported the venue in their attempts to manage their noise management systems, and would have been in position to further support The Scala in developing their noise management strategies.

“However, the local authority’s quick-fire, heavy-handed approach has meant that no further mediations have been possible.

“MVT calls on Merthyr Tydfil council to cease these proceedings, and not further waste public money on pursuing the operator of a closed business, where the outcome of the local authority enforcement has already been achieved.

“We hope that the court hearing, if it does go ahead, does not further punish an individual who has already lost their business, and deter future operators from seeking to nurture grassroots music talent in Merthyr Tydfil.”

Merthyr Tydfil Council said it would not be appropriate for the council to comment whilst court proceedings are ongoing.

Mr Williams said: “I am deeply disappointed by the council’s decision to pursue legal action against me for alleged breaches of abatement notices, especially considering the extensive efforts we made to mitigate the sound issues and our subsequent decision to close the business

“Despite numerous attempts at mediation involving the local authority, landlord, and complainant – all of which were either ignored or dismissed – we consistently worked diligently with the council’s environmental health department to explore every possible solution to address the sound concerns.

“Given the closure of the business and the significant financial pressures currently facing the local authority, I fail to understand how pursuing this legal action serves the public interest or benefits either party.

“These proceedings will only incur unnecessary costs for both myself and the council.

“I am immensely grateful to the MVT for their invaluable support throughout the challenges we faced at The Scala. Their dedication and assistance have been truly exceptional.”

MVT is a charity created in 2014 which acts to protect, secure and improve the UK’s grassroots music venue circuit.

It works to gain recognition of the essential roles these venues fulfil, not only for artist development, but also for the cultural and music industries, the economy and local communities.

It provides advice to the government, the cultural sector and the music industry on issues impacting the network of venues and is the nominated representative that speaks on behalf of the Music Venues Alliance, an association of more than 800 grassroots music venues.

The charity said: “Retaining such important cultural and social institutions benefits the local community and wider grassroots music ecosystem in Wales.

“Grassroots music venues provide new and emerging artists with a space to hone their craft, develop their fanbase and increase access to cultural opportunities for the local community.

“Their bespoke programming is vital to the cultural and social communities that rely upon these venues and arts spaces.”