We were asked to give a statement to Newcastle magistrates court regarding an incident in late-November.

“I witnessed the incident in Newcastle via the live Facebook feed, after being alerted that there was a problem by one of the band’s followers.

What I saw made rather uncomfortable viewing. Two security guards (actually they turned out to be Council officers but this wasn’t the impression given by their dress and demeanour) were acting in a very menacing manner, circling the defendants. There were repeated threats to take the buskers’ equipment without any adequate explanation of why or the process necessary to do so. 

My immediate advice was to ask what law was being broken (if any) and as no explanation was forthcoming, that the Police be called to deal with the  situation. The aggressive behaviour of the two officers continued for the entire period until the Police arrived, at least half an hour if I remember rightly. It must have been quite frightening for two women to be surrounded by these burly men for that length of time.

Even once the Police finally attended no mention of the 1974 Control of Pollution Act was made, for some time. In fact not until the musicians had actually finally been pressurised into beginning to pack down their gear and leave. It was during this process that the Police and security officers consulted their mobile phones, presumably found the relevant legislation, and then unlawfully threatened the pair with a Dispersal Order to force them to give their details.

The entire incident would have been entirely avoided had the Newcastle staff politely explained the relevant section of the 1974 CPA in the first instance. Instead they chose to intimidate the performers and threaten to make an unlawful seizure of equipment.

Keep Streets Live also questions whether it is in the public interest to pursue this case, as there were no complaints about the busking itself, no harm or loss was being caused, and the fact that the summons was issued a considerable period after the performance had actually stopped and it was clear that it would not continue. We believe claim that one of the buskers had previously been warned regarding this offence is simply not true. Would the Council like to provide evidence to the contrary?”

Clare end Eryl have now launched a crowdfunder to cover their legal costs which they currently estimate at being approximately £1500.

What is particularly ironic about these events is that, as has been previously documented on this site, in 2015 Newcastle City Council published a document entitled ‘Vision for Culture’ which had the ambition of creating

 “a city buzzing with creative spirit, offering opportunities for everyone to play their part in creating our culture – continuing to make ours one of the most vibrant cities in Europe. “