Harmony outside Bath Abbey?

Harmony outside Bath Abbey?

There have been heartening developments in the stand off between Bath’s busking community and the Abbey. There has been a hugely welcome outbreak of dialogue and mutual respect. Bath Abbey and the buskers have released a joint statement.

We hope that this is the beginning of a beautiful and redemptive relationship between the two communities, united in appreciation for the wonderful city of Bath. I have had some choice words for Rev Edward Mason but he is to be hugely commended for being willing to sit down with buskers and work towards a generous and open-hearted compromise. Let’s hope that this spirit of co-operation now extends to the leadership of the council who earlier this week had signalled an intention to introduce harsh new restrictions on the busking community. We hope this will now prove to be unnecessary. Instead, with buskers, the Abbey and the council working together for the common good, busking in Bath and the rich cultural life of the Abbey can be safeguarded for years to come.

Joint statement from Bath Abbey and street musicians (25 September 2014)
In light of recent events and the consequent media interest, Bath Abbey Rector Edward Mason and colleague Claire Robson met with street musicians Jack Morgan and Ben Powell today.

The meeting provided an opportunity to share how distressing the last few days have been for both the Abbey and the street musicians.

Apologies were given and received and both parties explored how they can work together towards resolving this issue.

Both agreed that the Abbey’s first concern continues to be the needs of the people who enter this holy place.

Both recognised the contribution street musicians make to the life of the city.

Both recognised the need for a workable system that allows street performance to flourish while respecting those who live and work in the city.

The meeting concluded warmly with a mutual determination to draw a line under the past and foster good relationships in the future.

Criminalising Culture in Leicester Square

Criminalising Culture in Leicester Square

Westminster Council-stop the prosecution of young musician Dan Wilson aka ‘Dawson’, support your street artists.

On Wednesday 20th August at 10am a talented young musician who has represented Great Britain in the world loop championships (http://youtu.be/Zh2gvYsWZP4) appeared in court in Westminster answering criminal charges of ‘illegal street trading’ and using a speaker in the street for a 10 minute busk in Leicester Square early this year with a couple of CDs of his own music with a sign saying ‘suggested donation £5’ and giving details of his Facebook page. This was his fourth court appearance relating to this one incident of spontaneous live music and he now faces a fifth court hearing in November.

If convicted this graduate of Leeds College of Music will have a life-long criminal record which will affect his ability to travel aboard, an essential part of life as a touring musician, and face heavy fines.

Westminster Council’s determination to prosecute Dawson comes against a backdrop of the Mayor of London’s #backbusking campaign launched in April with the intention of making London ‘the most busker-friendly city in the world’. Boris Johnson has convened a task force designed to remove obstacles to performing in the capital city which includes Westminster Council, the Musician’s Union and the Keep Streets Live Campaign. Despite this, Westminster Council have decided to spend thousands of pounds on a heavy handed criminal prosecution against Dawson perhaps to make an example of him lest any other musician decides to commit the ‘crime’ of playing music in Leicester Square. The extravagant waste of scarce public resources involved in using the police and courts to criminalise an activity which actually brings colour and enjoyment to the streets of our cities is very troubling

If you share the view of the Keep Streets Live Campaign that this protracted prosecution is a scandalous misuse of public time and money and that it represents a campaign of legal harassment against a promising young musician please email the cabinet member for Public Protection at Westminster Nickie Aiken on naiken@westminster.gov.uk and also the Head of Legal and Democratic services at Westminster Peter Large on plarge@westminster.gov.uk who, bizarrely, maintains that it is in the ‘public interest’ to spend thousands of pounds prosecuting Dawson. Politely point out to them that it serves no ones interest to criminalise culture and that the public don’t need protection from music makers who are bringing enjoyment and colour to public spaces.

In response to emails they received when this news went public, Joseph McBride, Cabinet Officer for Communications and Strategy for Westminster stated that ‘…street performance can give rise to real problems for local residents and businesses and in such cases it may be necessary to ask buskers who are causing a public nuisance [emphasis mine] to desist and, in exceptional circumstances [emphasis mine] make use of our legal powers as a last resort’.

Dawson had never performed in Westminster before and only played for a matter of minutes on the evening he was challenged. He is an accomplished musician and was not causing any nuisance, so why is he being targeted?

Metropolitan Police have justified police action against buskers in Leicester Square by claiming that ‘Spontaneous, unauthorised, unlicensed street performing causes anti-social behaviour and is a driver of crime’. Repeated requests for evidence of this claim under the Freedom of Information Act have been fruitless. However, it may be of interest to note that recent police crackdowns on buskers in Leicester Square, including the well publicised arrest of The King’s Parade, winners of the Mayor’s GIGS competition to find ‘ London’s best buskers’ have been partly funded by Heart of London Business Improvement District, picking and choosing legislation to use against buskers on an arbitrary basis. This is a troubling example of private interests hijacking civic and cultural freedoms. On its website the Heart of London BID states that it promises  ‘quality, licensed street entertainment’ but Westminster do not issue busking licenses resulting in the absurd situation where award winning musicians who have represented the UK internationally are criminalised under the pretense of targeting antisocial behaviour. This is a Kafka-esque farce in which the police claim, entirely without evidence, that unlicensed busking causes anti-social behaviour in which a private company funds police action against buskers whilst claiming to support ‘quality, licensed entertainment’ and in which Westminster Council do not even issue licenses for busking so that even if a musician wished to obtain one, they couldn’t! London can, and must, do better by its musicians and culture makers if it wishes to avoid a descent into a dull, authoritarian conformity on its streets.

 

Busking and Public Space Protection Orders

Busking and Public Space Protection Orders

The Keep Streets Live Campaign is a not for profit organisation that advocates for public spaces that are open to informal offerings of art and music. We are concerned that the provisions in the Antisocial Behaviour, Crime and Policing Act 2014 for local authorities to apply for Public Spaces Protection Orders to restrict ‘activities that carried out within the authorities area which have a detrimental effect on the quality of life of those in the locality’ could easily be used to target buskers. The ‘reasonable grounds’ for introducing these new powers are so wide-ranging, all-encompassing and open to subjective interpretation that they might well be used to target informal performances of art and music on the grounds that some people don’t like buskers and find them annoying. In a House of Lords debate on January 21st Lord Clement-Jones, author of the Live Music Act 2012, sought reassurances from the government that the new legislation would not be used in an over-zealous way against musicians and street artists. Lord Clement-Jones asked ‘will local authorities ensure that these powers are exercised with proper consideration of the balance between freedom of expression and respect for private and family life, and will also point out the considerable existing body of nuisance and noise-abatement powers which local authorities already have to hand? Should we not be encouraging rather than discouraging busking, which is such an important part of our urban culture?’ The government response from Lord Taylor of Holbeach was that the legislation is aimed at ‘the antisocial minority who give street performers a bad name’. However, given that there is no requirement for judicial pre-authorisation for these new powers, they are wide open to abuse and the problems of differentiating between ‘the antisocial minority’ and ‘genuine performers’ are manifold.

 

In Birmingham buskers have been given letters stating that from October 2014 the police and local authority can apply for PSPOs against buskers and implying that these powers will be used if buskers don’t sign up to an extensive range of restrictions such as auditions, pre-booking only authorised spots and strict time limits on pitches. In this way PSPOs become a covert way of restricting freedom of expression under the pretense of protecting the quality of life of those in the locality. In reality local authorities have an enormous range of existing statutory powers which can be used to target noise nuisance and antisocial behaviour such as the Environmental Protection Act 1990 and the Public Order 1986. These new, additional powers have great potential for abuse and misuse and will need to be closely scrutinised in their application and challenged when necessary to ensure that vitally important civic and cultural freedoms are not lost with all the adverse implications for a free and democratic society.