The Fight to Keep Streets Live in Camden

This week’s blog post offers an update on the Keep Streets Live Campaign which is challenging Camden Borough Council’s decision in November 2013 to license busking within the Borough, supported by musicians such as Billy Bragg and Jon Gomm and comedians including Mark Thomas and Bill Bailey. Founding director of ASAP! (Association of Street Artists and Performers), Jonny Walker, offers an update on the Campaign’s progress and explains how to get involved.

As part of our ongoing mission to protect public space as a legitimate forum for informal performances of art and music , the Keep Streets Live Campaign has launched a crowd-funding campaign on Indiegogo to raise money for a historic legal challenge against the decision of Camden Council to introduce draconian controls against busking across the entire borough. Human rights solicitors Leigh Day, acting on our behalf, have served papers against the Labour-led council in the High Court, asking a judge to rule its new busking policy unlawful on the grounds that it is disproportionate, unlawfully wide in its scope, and that it breaches Article 10 of the Human Rights Act – Freedom of expression – which includes music and not just the written and spoken word.

 

On November 11th 2013 Camden Council narrowly passed a resolution which introduced the most restrictive busking policy in modern UK history across the 22 square kilometres of this diverse and vibrant metropolitan borough of London. Under this new legal framework, singing and playing music in the streets, even if just done for fun, in any public space in Camden has become a criminal offence unless a person had first successfully applied and paid for a licence by demonstrating to a council panel that they are a ‘fit and proper person’ to hold a licence. Buskers face fines of up to £1000 for ‘unlicensed’ busking, for breaching the terms and conditions of their licence, or even, strangely, for ‘causing another person to busk’. The local authority, the police and even private contractors will have the power under this law to seize the musical instruments and equipment from people by force and to sell them if fines have not been paid after 28 days. These powers are not even available to bailiffs who, when collecting debts from people, are forbidden from taking the tools of a person’s trade.

Not content with making potential criminals of all musicians who wish to play on the street, Camden Council has created a complex two-tier busking licence scheme which discriminates against musicians depending on their instrument of choice. If you play acoustic guitar then you pay £19 and wait five working days, after which time you may be granted a ‘standard’ licence. However, if you want to play as part of an ensemble, use any wind or percussion instrument, or use any amplification then you are excluded from the ‘standard’ licence and required to apply for a ‘special’ licence. This costs £47 pounds and takes at least 20 working days to apply for. Strict terms and conditions will be imposed on the successful ‘special’ licence applicant and people who don’t want the busker to hold a licence will be able to appeal against the decision to grant the licence, which may then be withdrawn summarily.  Any breach of the terms and conditions of the licence will itself be a criminal offence. It is likely that this policy will greatly reduce opportunities for spontaneity, joy and colour from the street music scene in Camden.

Busking and public space are intertwined. Busking, by its nature is an informal and impromptu performance of art and music in a space that is open to the public. It is a very democratic cultural phenomenon, open to anybody who wants to share their art with passersby.  At a time when high streets are under pressure from rapid social change, the rise of internet shopping and out of town shopping developments, buskers create a unique sense of place and community in urban landscapes that are otherwise dominated by the same multinational companies.  They are part of a small vanguard against the forces of homogenization and dull conformity. Introducing compulsory licences and charges for busking and harsh criminal penalties for non-compliance is likely to make these urban public spaces less accessible to those who need the forum of the streets the most: the young musicians just starting out, the excluded, the vulnerable, the poor and the marginalized. It is a form of urban sanitization, social exclusion and pre-emptive punishment and it serves to deprive public spaces and the people who use them of exposure to street culture such as art and live music. Some might be tempted to say that this is not just a mistaken decision by Camden Council, but an act of cultural vandalism.

For many visitors and residents, street music is an integral part of Camden’s cultural identity.Camden Council is happy to draw upon its musical identity when it suits them to do so:

Camden Town is internationally renowned as one of the most dynamic and unique places in London.

Iconic for its alternative fashions and acclaimed music scene, the markets, shops and entertainment venues draw the crowds in their thousands”

Despite these words, Camden Council’s actions speak much louder. In response to complaints about busking from a total of 56 people in a Borough with 220,000 residents, the Council has introduced some of the most draconian controls against street music of any local authority in the country. It has ignored a petition signed by 6294 people asking it to pull back from its decision; it has chosen not to take up the offer of the Musicians’ Union, a body representing 30,000 musicians, to help them develop a fair and transparent busking policy based on good practice in other cities across the UK; and it has disregarded the hundreds of people who have joined us on the streets of Camden to protest this draconian new law alongside comedians Mark Thomas and Bill Bailey and musicians Billy Bragg and Jon Gomm.

Now, we are asking a High Court judge to strike down this damaging law and to ask Camden Council to come up with a different policy, one that protects the diversity and vibrancy of this unique and special part of London.  The generous contributions of our supporters have made this legal challenge possible and will help us protect public space nationally as a forum for grassroots culture.

To find out ways in which you can help and to make a donation please visit this link.

For regular campaign updates please visit:-

Keep Streets Live Campaign website

and

Keep Streets Live Campaign Facebook Page

Jonny Walker
Founding director of ASAP! (Association of Street Artists and Performers)

This article was first published on January 16th on the Live Music Exchange Blog

Fundraising To Save Freedom Of Street Culture

Keep Streets Live has just launched a fundraising campaign via the platform IndyGoGo, with a rather splendid five minute video of what we are about and explaining the terrible situation we are fighting in a legal battle. Check out our campaigning fundraising page now.

This is the crux of what we are pitching…

Who and Why:

My name is Jonny Walker. I am a Liverpool-born singer/songwriter, musician, a full-time street performer and the Founding Director of ASAP (Association of Street Artists and Performers).  I have spent the last twelve years travelling the country as a wandering minstrel, playing music in the towns and cities of the UK and beyond. I have seen the power of informal, street-level performances of art and music to create a sense of colour, vibrancy and urban community at first-hand. I started the Keep Streets Live Campaign to protect and preserve informal community uses of public space, as it is now under threat.

Why We Need Your Help:

Sadly, in recent years, many local authorities across the UK have introduced highly-restrictive policies and laws that criminalise street performance and threaten the future of shared public spaces that are open to the arts and music. On November 11th this year, Labour-led Camden Council voted to bring in one of the most stifling street music laws in modern British history. Under this new law even singing in the streets for fun, if done without a license, is a criminal offence punishable by a fine of up to £1000. Musicians face having their instruments confiscated on the street by the police, or council officials, who will have the power to sell them if the fine is not paid within 28 days.

Why This Matters:

This draconian new law will do great damage to Camden’s cultural and social well-being, it will scare and intimidate musicians away from the streets, and it will set an incredibly damaging precedent for towns and cities across the UK, if it goes unchallenged. It comes as a bitter blow at a time when many traditional venues for live music are closing down. The streets have become a vital and democratic forum for musicians to be heard, whether they are just starting out, gaining experience or actually making a living.

The Bigger Picture:

At the very time when our high streets need a helping hand to stay vital in the face of rapid social and economic changes which have seen record number of businesses close their doors forever, policies are being implemented that damage the communal lives of our towns and cities. Free street art and live music is one great way of keeping our high streets alive. It’s more important than ever before that local authorities channel their limited resources to support and sustain creative and grassroots communities in our urban centres, instead of heavy handed and misguided clampdowns. By supporting this landmark campaign you will be helping to protect the cultural freedoms of our towns and cities and giving us the resources to work alongside local authorities in the future.

What We Are Doing About This:

I started a petition, so far signed by over 6000 people, asking Camden Council to rethink their damaging plans. Our campaign arranged protest events which were supported by comedians Bill Bailey and Mark Thomas, and the musicians Billy Bragg and Jon Gomm amongst many others. We even set up the Citizen’s Kazoo Orchestra as a light-hearted rebellion against the irrational banning of wind instruments. I made presentations to the Cabinet, Licensing Committee and full Council. The Musician’s Union released a statement nationally asking Camden Council to preserve their musical heritage and to abandon their contentious policy. Despite this chorus of constructive opposition the Council passed this policy into law in a narrow vote in November. Our options were running out so we contacted a leading Human Rights law firm Leigh Day who told us that this new law was so unfair and over the top that we had a good chance of challenging it in the High Courts. The Human Rights Act protects freedom of expression and this applies to performances of music as well as to speech and the written word. We now had the basis for a historic legal challenge.

We have set up a not-for-profit organisation the Keep Streets Live Campaign andlaunched formal legal proceedings against Camden Council, asking a High Court judge to strike down this legislation and to send a powerful message to other local authorities: protect and nurture grassroots culture, don’t stamp it out!

Why Help?

I am a working musician with a young family. Running a campaign takes up a huge amount of time and I can’t do this alone. Camden Council have an in-house legal team and a budget of millions of pounds, whilst we are a very small and committed team of musicians and campaigners. We urgently need to raise funds. Our solicitors, Leigh Day believe in our case and are working on a conditional fee arrangement. In addition, we’ve applied for a Protective Costs Order asking our liability to be capped at £5,000. You can see my witness statement applying for this order at this link. However, if this is not granted and we don’t have the necessary funds, we would have to abandon this legal challenge and allow a huge injustice to stand uncorrected. We think this is too important an issue to walk away from.

How You Can Help:

We are seeking to raise £25,000 to cover potential legal costs and the costs of running this campaign over several months, in order to demonstrate to Camden Council that we can take this all the way. Any amount of money we raise up to and beyond that amount will demonstrate to the Judge hearing our case, and to Camden Council that we have the resources needed to see this challenge through.

People from across Great Britain have already volunteered their time and gifts so we can offer you fantastic perks for supporting us: from virtual cuddles, kazoos signed by celebrities, Skype concerts, Busking Masterclasses, House Concerts and campaign nights we have a range of exciting perks to offer you in exchange for donations towards our campaign as we seek to Keep Streets Live.

How Your Money Will Be Used:

In the event of a win in the courts where we are not liable for legal fees, or a situation where we are unable to continue with the legal challenge because we haven’t raised enough, all the money raised will be used to develop the newly founded not-for-profit organisation, the Keep Streets Live Campaign, with a specific mission to protect community and grassroots uses of shared public spaces nationally by working alongside other bodies and providing training and support programs. You can see the articles and mission of this organisation by following this link. This money would be vital in realising our vision for an advocacy body for grassroots street culture. We want to train street performers in first aid, create support networks between performers and the homeless, and design creative and fair policies for street performance that local authorities can implement quickly and at low cost. We want to be part of creating a national culture of collaboration and mutuality between local authorities and the grassroots which would make heavy handed laws like Camden’s a relic of the past. We want to turn the difficult situation we now face into an opportunity to make a positive change on the streets of the UK.

And, It Works!

Last year in Liverpool, a city synonymous with live music, I helped lead a campaign against a license scheme similar to Camden’s which threatened street musicians with trespass prosecutions, banned under 18s from playing music and placed severe restrictions on the life of the streets. Our campaign was successful and the new law was overturned. We are now working with Liverpool Council and the Musician’s Union to draw together a fair and open ‘best practise guide’ for street performing that balances the needs of all the users who share public spaces. Thank you to everyone who supported this campaign.

In York we set up a petition calling on the Council to scrap a highly restrictive license scheme and to make the streets more open. Again, as a direct result of our campaign, York’s civic leaders made significant changes to their policy and invited musicians, street performers and other bodies to be part of an ongoing dialogue.

Join In:

We are a growing community of artists, performers, musicians and people who value public spaces that are open to the arts. Even if you are unable to contribute financially at this time, we would still love for you to get involved. From handing out leaflets, gathering signatures, playing the kazoo at protests, performing pop-up gigs and helping us send out perks, there are lots of ways in which you can get stuck in and we are very open to suggestions. Join the Association of Street Artists and Performers for free here: http://streetslive.org/join

In a nutshell…

This is a landmark legal challenge which will set a precedent for the use of public space in the United Kingdom. Join with us as we seek to protect and preserve the ancient freedoms of the street and find creative ways to build urban community and to Keep Streets Live!

Join our Facebook Group and follow our page

https://www.facebook.com/groups/keepstreetslivecamden

https://www.facebook.com/KeepStreetsLive

http://keepstreetslive.com

Our Not-For-Profit Organisation Is Born

Our Not-For-Profit Organisation Is Born

It’s a historic day in Leeds! We’ve just had the first director’s meeting of the newly-incorporated Keep Streets Live Campaign Limited, a not-for-profit company with a mission to protect access to public space for informal community uses. Co-Directors John H.Walker, Philippa Morgan Walker and Jonny Walker are at the beginning of an exciting journey…first stop, Camden Town. See the Keep Streets Live memorandum and articles of association here. Watch this space… We are currently working on an IndyGoGo campaign to raise fighting funds for the legal challenge and to help set-up the resources of the company, so that we can serve grassroots communities and be in a professional dialogue with councils, police and other creative advocacy bodies that nurture street culture. If you would like to help our campaign and start-up of this company with donations or offerings of expertise, time or ideas, then please get in touch. Email jonnywalker@me.com. Thank you and wishing you a very merry Christmas. Philippa, John and Jonny 🙂

Help to Keep Streets Live by signing our petition.