Waylon Johnston
Young drummer boy fined
Kristian Schembri playing in a room his father rented for him after a court ordered him not to play his drum inside the house. Photo: Chris Sant Fournier
A 17-year-old drummer was fined €50 and effectively stopped from practising in the basement of his home after a magistrate ruled he was annoying neighbours.
The story started when the neighbours of musician Phillip Schembri and his son Kristian, who live in Rabat, filed a police report complaining about the noise caused by the young man when he practised on his drum kit.
The teenager used to play in the afternoons in the basement of his house, which, since the first complaints, had been padded with jablo to muffle the sound.
He has been playing for the past three years to great success, having achieved a high grade and a number of other qualifications in drumming, but he has spent half this time battling the neighbours’ complaints in court.
A court appointed expert, Silvio Scerri, surveyed the site and found that when the boy was playing, the sound in the neighbours’ house would reach over 40 decibels, which he deemed “excessive”. Even after the jablo was installed, the court expert still deemed the sound too high.
In the circumstances, Magistrate Consuelo Scerri Herrera fined the teenager and his father €50 each and effectively ordered him to stop playing in the house.
Sensing what was coming, Mr Schembri rented a room for his son at a band club in Rabat where he could practise in peace. A livid Mr Schembri said he was outraged at the ruling, insisting the noise was not excessive and that his son always made sure to play at decent hours.
“The authorities should be helping Kristian instead of condemning him for something he is excelling in,” Mr Schembri said.
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GL. Pike
Oct 23rd 2010, 15:50
Yes ok hearing the same old thing over and over again is a bit annoying, bu this kid has got to start somewhere, at least he is not loitering around street corners/shops etc., like most of our kids do in Britain-taking drugs and drinking cider 24x7, however talking about Db's and sound level waht about your festas then friends, the same old boom boom 7 days a week and when thats finished some other church festa takes over for the duration of the summer months, easter, and the rest of the year, this goes for loud music late at night well past 11pm. so whats good for the goose is good for the gander as they say. Think about it you know it makes sence, i think really and truely its a question of money for the coffers eh!!!!!!! 50€ and 50€ there all adds up.
joe briffa
Oct 23rd 2010, 08:16
YOU MUST BE JOKING!!!!!Poor kid,what can he do,he tried everything,and besides are we promotiing talent or trying to dismember it?? The kid gets fined,ok,50 euros,but he is also discouraged,and what news is this to put on newspaper?????Is this something that us maltese should be proud of?? Yes instead of this kid going to paceville in that dump,he is doing something fruitful at home...and now we push him away...man..i am truly convinced,we are a banana republic after all...and evolution has missed us...
Anthony Mifsud
Oct 22nd 2010, 17:46
Jablo is a temperature insulator not a sound insulator. Corkwool or polyfoam works better. Better still consult with a sound engineer/except to help you build a sound insulated room most cinamas are built this way but of course you have to be able to afford the cost!
P Gatt
Oct 22nd 2010, 17:04
Not reflecting on this particular case, but how long can you bear to hear the same noise hour after hour, day after day, week after week....even if it is not very loud?
K. Duca
Oct 22nd 2010, 15:35
The humming of a refridgerator is 40 decibels!!!!!!
Jamie Iain Genovese
Oct 22nd 2010, 14:48
The one massive red flag is that 40dB was seen as 'loud'. Through my experience and understanding, that is, by no means, loud at all. 40dB is 1/4th as loud as ordinary conversation. Read that again; and again. Okay, one more time, just to make sure its in there.
1/4th as loud as ordinary conversation, which goes at 60dB. Now, to elaborate, before someone so humbly points out that 40 is not 1/4th of 60. This is because that an increase of 10dB doubles the 'volume' we perceive.
But, I digress, I can't say for sure how 'just' this ruling was; seeing as there's the variable of the sick boy. Regardless, I'm sure this didn't have to go to court.
Joseph Galea
Oct 22nd 2010, 16:07
May I ask, for how long can you stand of hearing the sound of BOOM BOOM at 40db, if you are a sick person let alone being a healthy one?
Jamie Iain Genovese
Oct 22nd 2010, 16:33
Your astute sense of comprehension never escapes you, does it?
Calling 40dB a 'BOOM BOOM' (as you so eloquently put it) is akin to calling a breeze a gale.
victor pulis
Oct 22nd 2010, 14:42
Why were both father and son fined? The boy is still 17 years old.
mario borg
Oct 22nd 2010, 14:13
xi dwejjaq ta pzjjiz jaqq u xi dwejjaq ta nies. flok jinkoraggixxu zghazagh bhal dawn biex ikomplu jitghalmu l muzika, flok jiggerraw barra u jaqaw fil vizzji, inwahhluh multa u ma nhalluhx idoqq ghax qed idejjaq lin nies. Mhux li kien inkun nista nsodd halq in nies li jdejqu lili!!
Joseph Galea
Oct 22nd 2010, 16:11
Iva Mario prosit ,ahjar nibda immur indoqq id-drumms flok naqa f'xi vizzju tad-droga!!!!
Joseph Galea
Oct 22nd 2010, 14:11
This must be a landmark case! It's the first time I've heard of anybody being fined for causing a noise nuisance. Most times it's difficult to get the authorities to take noise complaints seriously. At least there is now a precedent set for so many other sufferers of noise because of selfish neghbours and their barking dogs, loud TVs, etc.
Vanessa Attard
Oct 22nd 2010, 16:54
you have forgotten to mention ........ people arguing, fighting, calling names to eachother, swearing, shouting at their children etc... etc...
Lincoln Spiteri
Oct 22nd 2010, 12:33
Rockwool would have been a far better choice for sound proofing. However it is funny to see that Mr Schembri plays drums with ear protection :-)
K Spiteri
Oct 22nd 2010, 12:51
Lincoln, The head phones are not serving as ear protection. Probably he is using the headphones to listen to the songs and practice with them.
Stephan Piazza
Oct 22nd 2010, 12:29
soundproofing the room NO ?????O_O
Dave Alan Caruana
Oct 22nd 2010, 11:34
http://www.sfu.ca/sonic-studio/handbook/Decibel.html
(website giving an idea of what decibel levels mean)
40 decibels is about equivalent to a 'quiet home'
'normal conversation' is about 60dB.
Seeing that is has been deemed illegal to produce sound above what is normal in a quiet home, what is being done about contractors, like those that produced deafening sounds with their pneumatic equipment across the road from my house, starting at 6.45am, for over 2 years, daily? A 50 euro fine and an order to stop the noise would be a godsend in cases like that, let this ruling set a useful precedent at least!
Jamie Iain Genovese
Oct 22nd 2010, 14:52
Well said. Besides, 'loud noise' (even a house party) is deemed legal and A-OK before 11pm, and 40dB doesn't even exceed normal conversation (or the noise in a quiet street). By no means was the family doing anything 'unchristian' (@M. Saliba) or indecent, so much so that they even rented a room just to move on with things.
That said, I have no idea about the condition of the neighbour.
Martin Saliba
Oct 22nd 2010, 10:22
The arrogance of the father is unlimited. He ignores the plight of others (his neighbours) so that his son will continue banging like mad to satisfy his hobby. Truly unchristian and an egoist. Is thios the way to bring children up? and having the temerity to kick the authorities to help his son disturb the peace and quite of the neighbourhood with banging of drums. I also play drums but never in the neighbourhood. Only in my club. Arrogance.
Charles Muscat
Oct 22nd 2010, 11:12
First one must see what time does the law permit noise during the day. For example civilized countries, noise is permitted from 7am till say 7pm. If there was no laws in Malta about this, just get one before you judge and insult people. Some court experts you have in Malta. This is unbelievable and laughable. Only in Malta .com
Thomas Abela
Oct 22nd 2010, 14:47
I'm sorry sir, but with the utmost respect i say, HOW DARE YOU? A father trying his best to help his son nurture his talent is wrong in your opinion? Since the begining of the court case the two have done their utmost to ensure that the boy's drumming would not be excessive, he stuck to the hours in which it is permitted to make "loud noises" and sometimes not at all out of fear that the neighbours would complain. I'm sick of seeing people's comments stating that this is all just for a "hobby". If you saw this boy playing the drums face to face, and you witnessed the talent he had, I assure you, you would realise that this is not a hobby. Music is a career and life choice.
The father saw the talent in his son (as countless others have) and attempts to aid his son, and you call that egoist? and worst of all Unchristian??
You know what would have been a Christian thing to do? For the neighbours to go up to Mr.Schembri and sort things out like good neighbours, not file a police report and take them to court.
Jamie Iain Genovese
Oct 22nd 2010, 16:38
Mr. Abela, you just raised a magnificent point.
If we're going to throw words such as 'unchristian' about I might as well whip out the Good book myself.
*ahem*
1 Corinthians 6
Read it, as the word limit won't let me quote.
And all of the Lord's people said,
Amen.