Don’t Banish The Buskers, Keep Streets Live in Bath

Don’t Banish The Buskers, Keep Streets Live in Bath

Please sign our petition

https://www.change.org/p/bath-and-north-east-somerset-council-don-t-banish-the-buskers-keep-streets-live-in-bathBath Abbey Petition

Freedom of expression in public space is under threat, yet again. This time the it is the buskers of Bath who are on the front line.

Using a controversial law which was introduced to tackle Antisocial Behaviour and has been described as a ‘law against nearly everything’ and heavily criticised on civil liberties grounds by former senior police officers amongst many others, Bath council have proposed to make it  criminal offence to play musical instruments which incorporate any use of amplification on key busking pitches in the city including Kingston Parade, Abbey Churchyard and Abbey Green.

Any musicians who breached the proposed ‘Public Space Protection Order’ faces a criminal record and punitive fines. The millions of tourists who vist Bath each year would be deprived of one of the many popular attractions to the city, its vibrant and diverse street culture. The proposals would marginalise its street artists and musicians and devastate their livelihoods.

The Antisocial Behaviour Crime and Policing Act 2014 should not be used to stifle freedom of expression and criminalise musicians. Busking is a social activity, not an antisocial one. It is a tradition that enhances public space and deserves to be wholeheartedly supported and protected by the local authority. They already have robust powers available to tackle the inconsiderate behaviour of a small minority of performers that cause issues. Bath have opened a public consultation on whether to implement the new powers, this petition urges them to think again.

I took place in a public debate with the Cabinet Member for Neighbourhoods in Bath, David Dixon, and the Rector of Bath Abbey in October 2014 and argued strongly against the use of these coercive new powers in a discussion you can listen to via this link.

Bath’s buskers had made the headlines in September 2014 when the Rector of Bath Abbey, Edward Mason interrupted evensong one Sunday evening because he claimed that the noise from buskers in the Abbey churchyard, a world-renowned destination for street artists, was interfering with the service. His extraordinary, and in our view unnecessary decision to interrupt his own service created a lot of media interest and put public pressure on Bath Council to be ‘seen to do something’. However, the powers contained in the the Antisocial Behaviour Crime and Policing Act 2014 were not designed to regulate busking and the government gave assurances in Parliament that the powers contained in the new Act were only aimed against the anti-social minority who give street performers a bad name; I might illustrate them as being aggressive beggars and drunken louts’. But Bath’s current proposals would affect all street musicians, not just the small minority who have caused issues. Rev Edward Mason has a strong personal preference for there to be no street music at all in the vicinity of the Abbey and has publicly called upon the council to expand the proposed restrictions to ban all music including unamplified performances and to only ‘allow’ busking on the periphery of the city, away from all the people! However the public spaces around the Abbey are in the very heart of the city and have long been a vibrant social and cultural hub where where the many hundreds of thousands of visitors to Bath each year have enjoyed high quality street music in between sampling the many other delights the city has to offer, including the beautiful Abbey. Whilst buskers should of course respect the shared use of the space by not playing excessively loud, it is not reasonable to expect busy streets bustling with tourists, visitors and residents to have the same qualities of silence and tranquility that can be found within the Abbey. Even on the days when there are no buskers, these are not quiet streets! There is a need for the buskers and the Abbey to learn to co-exist through an ongoing process of dialogue and negotiation. Seeking the use of coercive state power to impose a contentious silence upon an entire musical and artistic community is not the way to achieve this.

Many contemporary street musicians use some amplification to support outdoor musical performances. Some use quiet instruments or music technology which can’t work effectively without amplification. These include keyboards, electric violins, mandolins, guitars as well as loop pedals which are an increasingly common part of contemporary musical performances. Accomplished performances, many of which incorporate some amplification, are enjoyed by hundreds of thousands of people on the streets of Bath  each year and are an established part of the grassroots cultural life of the city. The use of amplifiers can actually allow musicians to play and sing more quietly and still be heard just above the hustle and bustle of ambient street noise. This is especially important for vocalists who can face voice damage straining to be heard over the sounds of the street.  It is not difficult to find a volume level which is not intrusive and volume levels can always be adjusted upon request. A ban on amplifiers to be consistent would logically have to extend to wind, percussion and brass instruments, all of which have the potential to be significantly louder than ‘amplified’ sound depending on the context. The issues in Bath have been caused not by amplification per se, but by excessive volume on the part of a small minority of individual performers. The local authority should target enforcement action against those performers who have caused a persistent issue with noise nuisance, whether amplified or unamplified, using their existing statutory powers such as the power to issue noise abatement notices and confiscate musical instruments under the Environmental Protection Act 1990. A blanket ban is a blunt instrument which strikes a discordant note.

The Keep Streets Live Campaign  is a not for profit organisation which exists to protect access to public space for informal offerings of art and music.  We have successfully challenged unjust and restrictive council policies towards busking in Liverpool and York where we have worked alongside the local authority and business communities in both cities to design a best practise guide for busking designed to resolve conflict and promote harmonious relationships between users of shared public spaces. We joined forces with Mark Thomas, Bill Bailey and Billy Bragg to oppose a law which criminalises street music in Camden and have campaigned against the use of the Antisocial Behaviour Act to target buskers in Canterbury where we are now working with the local authority there  to develop a new busking guide.  We are part of a mayoral taskforce in London established by Boris Johnson to make London ‘the world’s most busker friendly city’. We are urgently seeking the repeal of London’s anti-busking legislation by working with Liberal Democrat peer Lord Clement Jones whose Live Music Act 2012 was a landmark victory for live music  in the UK making it much easier for grassroots venues to stage gigs.

We recognise that Bath Council face many challenges balancing the needs of different stakeholders in a shared public space. The busking community wants to work alongside the council, the Abbey and others to build positive relationships and resolve issues. Indeed, we support the use of appropriate enforcement measures agaisnt individuals who have caused issues through inconsiderate behaviour. However we strongly feel that using blanket powers contained in the the Antisocial Behaviour Crime and Policing Act 2014 is not the right way to safeguard the vibrant street culture that is part of the rich tapestry of city life in Bath and represent a form of collective punishment. In an open and democratic society, freedom of expression extends to street musicians in our public spaces and the sense of urban community that they help to provide. To that end, we call on Bath Council to refrain from using Public Space Protection Orders to exclude buskers, and instead to actively develop a street culture policy alongside the busking community and the Musician’s Union based upon mutual respect and dialogue that safeguards the busking tradition whilst addressing those who have genuine concerns.

Repeal London’s Anti Busking Laws

Repeal London’s Anti Busking Laws

We have launched a new petition to safeguard London’s buskers from laws that threaten cultural freedoms. Please sign it via this link:

https://www.change.org/p/rt-hon-theresa-may-mp-repeal-london-s-anti-busking-laws

 

Cultural Freedoms Under Threat

 

The future of spontaneous performances of art and music on London’s streets is seriously under threat because of bad laws which strangle grassroots culture and criminalize artists and musicians. If we act now we have a unique opportunity to lift the burden on culture-makers by supporting Lord Clement Jones’ amendments to the Deregulation Bill which is going through Parliament at this moment, and striking this outdated legislation off the statute books for good.

 

Why the law needs to change

 

On the 9th April 2014, Boris Johnson launched the #backbusking campaign with the aim of making London ‘the most busker friendly city on earth’ by reducing some of the red tape and restrictive laws that have turned London into a ‘no go’ area for buskers. He was joined at the launch by the winners of a mayoral competition set up to find ‘London’s best buskers’, a young band called “The King’s Parade”. A month later that same band were arrested by the Met Police for busking in Leicester Square under Section 54 of the 1839 Metropolitan Police Act which makes it an offence to use a noisy instrument ‘to gather alms’ on the street. The same law also makes it an offence to fly kites and ride sleighs, and yet this antiquated legislation was used to hold four talented young musicians in custody for six hours after arresting them in front of a shocked crowd, despite the fact that they represented the very best of London’s busking talent.

 

It gets worse…

 

In November 2013, Camden Council passed a resolution that made it a criminal offense to sing or perform any kind of music on the streets without first paying for a license even if the music making is undertaken with no intention of collecting money. Any person who wishes to play music in public spaces anywhere Camden must pay a fee of up to £47, wait for up to 20 working days, submit to a public consultation and be deemed ‘a fit and proper person’ to busk after a police check. They were able to introduce this intrusive and restrictive policy because Section V of the London Local Authorities Act 2000 allows local authorities in London to criminalize spontaneous street performance, impose fines of up to £1000, confiscate musical instruments and to sell them to pay the fines. This restricive policy is being challenged in the Court of Appeal but meanwhile other London Boroughs such as Kensington and Chelsea and Southwark are considering using this law to control street culture and it could quickly spread amongst all the 32 London Boroughs if the underlying legislation is not struck off.

 

 

Why Should We Stand Up?

 

London is one of the world’s great cultural centers with buskers making a signifiant contribution to the cultural and visitor economy of our capital city and yet young musicians can face lifelong criminal records and the loss of their livelihoods and precious musical instruments simply for playing music on the streets, this simply cannot be justified.

 

Live music contributes £632 million to the UK economy each year and busking provides a vital forum for young British artists to gain valuable performance experience in that most democratic and open of forums, the streets! Artists as diverse as Ed SheeranJessie JPassengerEddie IzzardBill BaileyBilly BraggRod StewartPaul Simon and even US founding father, Benjamin Franklin cut their performing teeth on the streets. Would they have started busking if they faced arrest and a criminal record for doing what they loved?

 

Section V of the London Local Authorities Act 2000 and Section 54 of the 1839 Metropolitan Police Act threaten the survival of a great British cultural tradition in our capital city, London. They must be taken off the statute books.

 

 

We Need Your Support.

 

Lord Clement Jones – the author of the 2012 Live Music Act and a passionate supporter of grassroots art and culture – has proposed an amendment to the Deregulation Bill to repeal London’s anti-busking legislation. With government support this is a unique opportunity to force London’s Boroughs to come up with a more creative and supportive stance towards their musicians and artists. The Greater London Authority has convened a taskforce to develop a code of conduct for busking across London. Councils and the police have all the powers they need to tackle genuine noise nuisance and obstruction from busking without criminalizing spontaneous street performance and introducing blanket prohibitions. We are calling on them to work alongside buskers, businesses and professional bodies such as the Musician’s Union to develop a code of conduct for London that supports and nurtures a fine cultural tradition instead of stifling it by turning artists into criminals.

 

 

 

This approach works

 

The Keep Streets Live Campaign is a not for profit organization that exists to protect informal offerings of art and music in public spaces. We successfully challenged restrictive license schemes in Liverpool and York and are now working alongside the local authority and business groups alongside professional bodies like the Musician’s Union to develop codes of practice for busking which promote harmonious relationships between buskers and businesses whilst preserving spontaneity and openness by spelling out how existing laws can be used to target genuine nuisance. We are challenging Camden Council’s restrictive busking law in the Court of Appeal and working with the London Mayoral taskforce to develop a pan-London code of conduct that simplifies busking rules across London. You can find out more about us by visiting http://keepstreetslive.com

 

Response to Royal Borough of Kensington and Chelsea Busking Consultation

Response to Royal Borough of Kensington and Chelsea Busking Consultation

The Royal Borough of Kensington and Chelsea are consulting on bringing in a busking license which will be almost as restrictive as Camden. We have taken part in their consultation and have reproduced our responses here. You can take part in the consultation which closes on October 19th by clicking on the link below and using our responses as a guide if you wish. The more people who complete this consultation the greater the chance we have of persuading Kensington and Chelsea’s Councillors not to adopt this proposed scheme.

 

http://www.rbkc.gov.uk/survey/busking/snphase2busking1.htm

 

1.) Appendix A shows the pilot area to which the Street Entertainment (Busking) Policy refers to. Do you agree with the selected pilot area?

The Greater London Authority has convened a mayoral taskforce specifically for the purpose of agreeing a code of conduct for busking across London between all stakeholders. In the light of this process alone, which Kensington and Chelsea are part of, the imposition of a statutory licensing regime is highly prematureSection V of the London Local Authorities Act is a contentious piece of legislation which empowers local authorities to criminalise street culture, impose fines and seize musician’s instruments. The local authority has other statutory powers (Environmental Protection Act 1990, Highways Act 1980) that can be used to address problematic busking. The imposition of a licensing regime is contrary to the nature of busking as a spontaneous and informal cultural pursuit.

 

2.) Busking will not be allowed in the piloted area without a licence on Fridays and Saturdays from 10.00 to 18.00. Are these controls appropriate?

 

 

In the busking tradition performers typically perform in many different localities in the course of a working season. Busking licenses create unnecessary obstacles for travelling performers and always lead to a decline in the circulation of performers and greatly reduce variety. Camden have introduced a license under these powers alongside Hillingdon. If the 30 remaining boroughs followed suit the result would be the total fragmentation of the London busking community. Very few performers will have the resources to pay for 32 separate licenses, the result will be greatly reduced variety and quality of performances and the diminishment of the cultural life of the capital. A license regime also criminalises unlicensed performers who may not have been aware of the license arrangements and will be put off from coming to the Borough to perform. It creates an arbitrary barrier to the use of public space for the arts and would be resource-intensive to enforce. The threat of instrument confiscation and punitive fines is disproportionate to the issues that can arise from busking and is an unwarranted interference with Freedom of Expression under Article 10 of the Human Rights Act. An ongoing legal challenge to Camden Council’s license regime under Section V powers is being heard by the Court of Appeal on November 13th. These restrictions will be open to a similar challenge.

 

3.) On a Friday and Saturday, during the hours of 10.00am and 6.00pm the council will issue a maximum of 6 x 70 minutes slots per day, per location. Do you feel this number of slots is appropriate?

 

Busking performances differ in length according to the nature of the performance and the context in which it takes place. The Keep Streets Live Campaign Best Practice Guide recommends that performers do not repeat material in the same location but move between locations. We also recommend that buskers swap and share pitches informally. This scheme will lead to more co The proposed scheme is too prescriptive because it will lead to performances being cut short arbitrarily and doesn’t take account of the nature of busking as a primarily informal and spontaneous activity. The proposed scheme is too prescriptive because it will lead to performances being cut short arbitrarily and doesn’t take account of the nature of busking as a primarily informal and spontaneous activity. Some musical performances will be longer than 70 minutes, some will be much shorter. The booking system does not allow the flexibility and informality that is part of the nature of busking.

 

4.) Of the 42 slots available, each busker will be able to pre-book two slots per day. is this an appropriate number of pre-bookable slots?

 

Having to pre-book slots is unnecessarily bureaucratic in the first instance. Buskers typically turn up to a location and make an evaluation as to whether a space is suitable for a performance. They will then negotiate with other performers and come to arrangements in an informal way. Requiring pre-booked slots means that inevitably people will not turn up to their allocated spot but it won’t be open to people who could otherwise have used it. The scheme will have to be administered which will be resource intensive. Keep Streets Live Campaign strongly recommends not having pre-booked slots at all and encouraging buskers to swap and share pitches on an informal basis.

 

5.) If all the slots have not been filled in advance, then on the day before noon a busker can take up an additional slot provided that they have not already used that same site on the same day. Is this restriction appropriate to allow fair distribution of slots?

 

 

Some buskers will have a large repertoire which would allow to play different performances at the same location on the same day. Pre-booking slots is unnecessary and will, in itself, lead to an unfair and uneven distribution of slots. Existing statutory powers can be used against buskers who cause issues by not moving. The introduction of a licensing regime with pitch allocations and pre-booked slots will greatly reduce the vibrancy and circulation of performers.

 

6.) Do you agree that the council should allow street buskers to apply for an additional street trading license?

 

 

This question relates to CDs of busker’s music. Having recordings available to the public enhances the busking experience by allowing performers to make their music available to a wider audience and allowing the public to enjoy a tangible souvenir of the busker’s performance. Nonetheless, CDs are a secondary element to busking and should therefore be made available on a voluntary basis to those who wish to take one. Best Practice Guidance agreed between Liverpool City Council and the Keep Streets Live Campaign recommends that CDs be made available for a ‘suggested and voluntary contribution’. It is emphasised that members of the public are free to take a CD without making payment, just as they are free to enjoy the performance without making payment. Requiring an additional street trading license for busking is another layer of unnecessary bureaucracy which will put off performers from registering under the scheme, and discourages buskers from making their music available to the public to the detriment of the busking experience. Whereas for a market trader the sale of stock is the primary purpose of their business, for a busker CDs are a secondary aspect of the busking performance. This is an important difference that needs to be recognised.

 

7.) If you are a busker will you be willing to pay the initial £15 fee for a period of 6 months?

 

Whilst the £15 fee in itself is not prohibitive it accompanies a huge range of terms and conditions and restrictions that, taken together, greatly inhibit the ability of working musicians to make a living on the streets. It criminalises an informal cultural pursuit, it creates obstacles for travelling performers and it attempts to impose a highly formalised set of regulations upon an informal cultural pastime which has always relied on spontaneity and democratic access to public space. Busking adds vibrancy and colour to public spaces, increases dwell time for local businesses and is an enormous part of the visitor economy to London. Musicians should not have to pay for the privilege of providing free entertainment to the general public whilst enhancing the shared public spaces of the borough. The license scheme is a misconceived attempt to address problems that have been caused by a small minority of performers who could be dealt with using existing statutory powers. We recommend that Kensington and Chelsea engage with the Greater London Authority taskforce and agree a code of conduct for busking that works for all parties. If the aim is to attract high quality performers into the borough, this scheme will achieve the opposite. It will create a narrow pool of performers who are willing to sign up to the restrictions (who may well not be buskers in the traditional sense, and will predominately only perform within the Borough), and will deter many other performers from ever visiting. Over time it will greatly diminish the vibrancy and variety of street performances on offer in this part of London

 

8.) If you are a busker would you pay £40 for a period of 4 weeks to sell associated items?

 

Whilst we welcome the fact that RBKC recognise that ‘associated items’ are a legitimate aspect of busking, we recommend that buskers do not sell CDs but make them available for a suggested and voluntary donation. A street trading licence is unnecessary to that end and the cost of it is prohibitive relative to the amount of time slots RBKC are making available for busking.

 

 

9.) Do you have any further comments concerning this draft Street Entertainment (Busking) Policy?

 

On behalf of the Keep Streets Live Campaign of which I am the founding director I will send you a PDF document containing the best practice guidance agreed between the City Council, Business Improvement District and the busking community in Liverpool over a period of five months. It aims to give businesses, buskers and residents the resources they need to resolve disputes and to allow street culture to flourish. It could be adapted for use in Kensington and Chelsea at a fraction of the cost of the imposition of the Licensing Regime that is proposed. Keep Streets Live is part of the Mayoral taskforce for busking alongside RBKC and would be very happy to work alongside your officers and other bodies such as the Musician’s Union to agree a scheme that works for all parties.