Summary of Major Objections

Summary of Major Objections

Photo: maistora.

 

We have one general and seven particular objections to Liverpool City Council’s new street performance policy.

In general, then, we object to the negative tone of the language used towards street performers throughout the minutes of the Cabinet Meeting where the new policy was put forward. For example:

At present street entertainment within the city centre can be intrusive to both businesses and residents alike. Street entertainers have in the past been accused of noise nuisance violations, repetitive performances, offensive/inappropriate behaviour and causing dangerous obstructions. There has been an increase in reports of abusive and offensive incidents which has caused alarm and distress to members of the general public and businesses within the city centre.

We believe this quote significantly overstates the issues that do arise from time to time from street performance, in order to provide a justification for the extensive and restrictive terms and conditions which Liverpool City Council are now requiring performers to sign up to.

Our seven particular objections to Liverpool City Council’s policy are as follows:

1. The policy uses coercive language and nebulous threats of prosecution for trespass in letters handed out to street artists and performers ahead of the new scheme, which needlessly intimidate vulnerable people and are exceptionally heavy handed. Since trespass is a civil, rather crimanal, offense, and requires material loss to be be proved,  legally highly questionable.

2. In extending enforcement powers to stop street performance on the smallest of pretexts, the policy risks turning those individual council officers and police into a poor man’s Simon Cowell in the sense that they can efectively prevent licensed performers from performing simply because they take an aesthetic dislike to your act or even to what you are wearing. 

3. The policy erroenously claims that “is illegal for persons under 18 to play, sing or perform in a street for money or monies worth”. In fact, the government’s own guidlines clearly state that “Children under 14 years may not busk”.

4. The policy is full of arbitrary specifications that make little sense. For instance: performers cannot occupy more then a 1.5m radius; sound must not be heard from more than 30m away; there can be no more than 5 people in a musical ensemble; signs must not be bigger than A4 in size; and no leaflets or demo CDs can be given away. The combined effect of all these sub-clauses is to grant officials of the council and enforcement officers due scope to endlessly chip away at performers and their ability to generate income by showcasing their talents.

5. The policy unnecessarily and arbitrarily limits the space wherein performances can take place, relegating street performance to a few officially sanctioned pitches, many of them in locations wholly unsuitable performance. Liverpool city centre has many natural pitches that performers are themselves accustomed for various reasons to performing upon: whether those reasons are acoustical, social or, indeed, economic. We favour dynamic rolling pitches with a recommendation for a 50m distance between noise-generating acts, with little restrictions on where ‘quiet’ acts like pavement artists can operate.

6. The policy requires performers to book with the council up to a week in advance to play for a maximum of two hours at any one pitch, turning what is often a spontaneous cultural event into a tightly controlled and highly limited activity. The policy is overly restrictive and needlessly bureaucratic. Street performance is, after all, a highly self-regulating business activity – those performers who are bad will not earn any money and quickly reconsider their act, whilst those who are good will flourish economically. The policy, furthermore, will make it much more difficult to make a living from street performance, thereby discouraging more accomplished acts from playing in Liverpool – the exact opposite result of the policy’s stated aims.

7. The policy discriminates against performers who use animals in their act. One owl-handler, who has a animal handling licence and £10 million worth of public liability insurance, and whose street act incorporates elements of educating people about birds of prey will be banned for no good reason.

We have gone into greater detail about specific articles of the policy in previous posts. In closing, it suffices to say that in a city which is known internationally and deservedly as a top destination for the arts and for its cultural life – as well as being the birthplace of the most renowned popular band of all time – Liverpool City Council’s new policy is a non-starter. We therefore respectfully ask Liverpool City Council to think again and come up with a policy that truly celebrates the vibrancy of street life without attempting to put street art and performance inside a tightly regulated box.

Liverpool’s policy and our objections, Part 3

Liverpool’s policy and our objections, Part 3

Photo: agm92

 

Liverpool City Council say:

9. The entertainer must not sell, offer for sale or expose for sale any merchandise such as pre-recorded CDs, tapes, t-shirts or postcards.

 

We say:

Why does the council not follow the example of York who allow buskers to purchase an occasional street trading consent for the purposes of selling CDs or Gloucester which allows a small CD box to be in the receptacle? Often street performing is a way for musicians to get work elsewhere and they give away CDs with examples of their work to help them get gigs. We see nothing wrong with giving away CDs to people who are interested in them.

 

They say:

10. The entertainer must not distribute confectionery or other foods, flyers or free merchandise.

 

We say:

We see no reason why somebody who was interested in a performer and finding out more about them should be prevented from taking a flyer or a free CD. Again, this is restrictive for no good reason and an unnecessary restraint of trade. On the other hand, we can understand their point with regards to food and confectionery and would not encourage performers to distribute food as part of their act (we can assure you that this is not the practise of most Street Performers in any event).

 

They say:

11. Entertainers must cease their performance and move on if requested to do so for any reason by a Police Constable or a Council Officer. For the avoidance of doubt, such reason may include the Constable or Officer not being satisfied in their opinion that the performance is of a satisfactory quality.

 

We say:

This is where the policy slips into really murky waters. Liverpool City Council are claiming summary powers to stop performances for any reason. Are we to believe that Liverpool council and police officers should take on the role of a poor man’s SImon Cowell? This would be amusing if it wasn’t such an encroachment upon a person’s freedom, and the rights of an audience to decide for themselves what they enjoy listening to. This is not the role of a city council, and this clause introduces a massive potential for abuse on the part of individual officers.

 

They say:

12. It is illegal for persons under 18 to play, sing or perform in a street for money or monies.

 

We say:

George Harrison was 17 when the Beatles played Hamburg. He would have been too young to perform on Liverpool’s streets under the council’s new policy. George Samson, the street dancer who was 14 when he won Britain’s Got Talent, would have been arrested for trespass under the new policy. The new policy unnecessarily restricts the rights of up and coming talent to perform on the streets, and this at a time of high youth unemployment. It is yet another example of council over-reach. Furthermore, the government’s own guidelines state that busking is permissible for anybody over the age of 14.

 

They say:

13. The entertainer must be eligible to work in the UK.

 

We say:

Now the council is acting in the capacity of immigration service and border control as well as talent show judge.

 

They say:

14. The entertainer must be in possession of a valid Liverpool City Council Street Performance Permit whenever a performance takes place and must produce the same on request made by a Police Constable or Council Officer.

 

We say:

This policy is so restrictive that we would advise any street performer not to sign up to it. By signing up to this policy performers give tacit legitimacy to a policy that, at root, is coercive and restrictive. We would advise any potential street performers in Liverpool to join our campaign against this policy, and get the council to think again.

Liverpool’s policy and our objections, Part 2

Liverpool’s policy and our objections, Part 2

Photo: LepititNicholas

 

Liverpool City Council say:

4. Formal events organised by Liverpool City Council, Liverpool One, City Centre BID, Commercial District Bid, Albert Dock Company, and their partners will take precedence over street entertainment.

 

We say:

Street entertainers will be tolerated if they meet Liverpool City Council’s strict requirements, in other words, but will be cleared to make way for pre-arranged events. For major festivals like the annual Beatles week and Mathew Street festival, the streets are often completely ‘swept clean’ of performers by police acting on the council’s orders. It strikes us that this statement enshrines a preference to ‘hire in’ street life into local government policy, rather than encouraging spontaneous and organic street culture to flourish, as Liverpool has done historically.

 

They say:

5. Entertainers […] shall not dress or say or express in any other way anything which is likely to cause alarm, distress or offence to a member of the public. The entertainment should not include any activity which could cause harm to members of the public […]

 

We say:

This statement is worryingly vague. The policy has veered firmly into the subjective realm of opinions. Some of us like to wear bright blue trousers, which some find offensive, but that is hardly grounds enough for preventing those who wear such clothes from performing on Liverpool’s streets. Offence thresholds vary considerably from person to person. Any offence registered ought to be weighed against the unexpressed wishes of those who, for whatever reason, do not voice their enjoyment which street performance brings. Of the many thousands who enjoy street performance, few feel the need to express their enjoyment in any formal letter to their local council. They take for granted that the council will protect Liverpool’s vibrant street culture.

In adjudicating between competing rights, then, we would do well to recall John Stuart Mill’s famous ‘harm principle’: the actions of individuals should only be curtailed in order to prevent harm to other individuals. In our analysis, the offence taken by a few individuals to street performers in no way constitutes adequate grounds for curtailing the enjoyment that countless people take from street performance – be it unregulated or otherwise.

 

They say:

6. Only one entertainer or group of entertainers (maximum 5) will be allowed at any one time at any one site without prior consent.


We say:

Five entertainers constitutes an arbitrary limitations on the number of performers, excluding such notable street performers as the nine piece Liverpool-based Kazimier Krunk band seen here performing in Edinburgh, who continue busk around Liverpool city centre and LiverpoolOne on a regular basis:

 

 

We therefore urge the council to provide their reasoning behind this seemingly-arbitrary figure. This figure is part of a broader trend within Liverpool City Council’s policy to prescribe every single detail of street performance – a trend which fails to appreciate the realities of street performance. A well-rehearsed nine-piece jazz band will cause less nuisance, on balance, then one badly-rehearsed bagpiper.

 

They say:

7. Entertainers must stand unless their performance requires them to be seated or if they have a disability which prevents them from standing. If their performance does require them to be seated then this must NOT be directly on the floor.

 

We say:

Some street performers like to sit on the floor, some like to stand, some like to sit on a chair. It is unclear why, when neither of these seating arrangements is liable to cause any harm, such prosaic concerns should fall to any local council to decide.

 

They say:

8. A small (up to A4 sized) notice advising of thanks and detailing sources of further information (social media sites etc) about the street entertainer may be displayed on side of the open receptacle.

 

We say:

What grounds are there for Liverpool City Council to decide on the size of paper a performer might use to display his/her biography Facebook page? Writing on A4 is rather small from a distance? What difference could it possibly make for the sign to be A3? This is yet another example of Liverpool City Council’s policy being unnecessarily prescriptive.