Anderson & Munby’s Hard Council

Anderson & Munby’s Hard Council

Photo: sixeightthree.

The summer of 2012 will be remembered for many things, the Queen’s Jubilee celebrations, the Olympics and the continued stagnation of the UK economy, amongst other events. The street artists and performers of Liverpool will remember it for another reason, however: it was a time when a ragtag collection of artists, misfits, buskers and other concerned citizens stood up to Liverpool City Council and said a resounding ‘No!’ to their restrictive and coercive license scheme. Liverpool Council’s ‘Street Activity Management Plan‘ covered street preachers, skateboarders, political activists as well as buskers. The policy had sought to strangle the freedom of all those whose use of public space in Liverpool City Centre did not meet the council’s limited criteria of approval. Well-trodden streets were, at the stroke of a bureaucratic pen, turned into ‘regulated entertainment zones’ where impromptu performers faced the threat of trespass prosecutions if they dared to play without a council permit. The policy had been lobbied for by the City Central Business Improvement District (BID), an unelected, democratically-unaccountable, quasi-governmental body that represents the interests of major retailers in exchange for an additional layer of rates. For them, the urban environment is a space that needs to be tightly controlled and managed. In Councillor Stephen Munby, they found a local politician prepared to endorse their vision of a city centre that kept all ‘un-authorised’ street activity at bay and enabled the veneer of democratic approval to be placed upon a policy that was coercive, anti-democratic – not mention unlawful – to it’s very core.

Whatever it was that drew Stephen Munby into politics, and, by all accounts he was something of a marxist firebrand in his youth (he wrote for Marxism Today and Challenge, The Young Communist League’s Magazine amongst others), I doubt it was the desire to oversee and legitimise a heavy-handed clamp down upon street culture. When Joe Anderson joined the Labour party I’m sure that siding with the perceived interests of the rich and powerful against the marginalised and the vulnerable was not his primary motivation. In fact, I have no doubt that both men have, at times, been motivated by the genuine desire to serve the public and to make the world a better place. But when these elected politicians, however unwittingly, give legitimacy to policies that are coercive and soul-sapping in their assault upon freedom and creativity, they must be held to account. This is why the Keep Streets Live! campaign launched a legal challenge with the support of Kirwans Solicitors which saw the council withdraw their contentious legislation in September this year. That is why we were hoping that the council would take the opportunity presented by the abandonment of their scheme to work with the city’s street artists and performers, with the input of the Musician’s Union, to come up with a best practise guide that enhances the vibrancy of the city centre. We were still waiting for the council’s invitation to such a meeting when the next phase of their busker clampdown began.

Over the past three weeks Liverpool Council have conducted an operation that involved council officials, accompanied by police officers, approaching every street performer in the city and asking them for their names and addresses. We at ASAP! believe that in a free society it is an act of intimidation to approach a person who is behaving lawfully with uniformed officials and to ask for names and addresses, so we advised street performers to politely decline such requests. When performers did decline they were told to move on, that they were causing an obstruction and, in some cases, vague threats of arrest were made. When our solicitor David Kirwan wrote to the Council’s solicitor to ask for an explanation of their behaviour he received an evasive and dissembling reply:

The City Centre Management Team conducted a joint exercise with Merseyside Police and Environmental Health over two weekends to ensure that all busking activity in the City Centre was being conducted without causing any issues in relation to noise nuisance or obstruction and also to ensure that all buskers were aware of what is required of them to ensure vibrant city centre entertainment which works for all stakeholders.

To people on the ground it was experienced more as a coordinated campaign of harassment and intimidation, especially as no-one who was approached was doing anything unlawful or disruptive. The reply continued:

As part of the activity, buskers were approached and were given advice and guidance in relation to issues such as noise nuisance and obstruction. As a local authority, we have a statutory duty as regulators to ensure that we evidence any advice and guidance that we distribute prior to implementing any enforcement which may prove necessary. It was pursuant to this requirement for evidence that names and addresses were sought so that the Council would have to hand details of those to whom we had spoken and the information with which they had been provided.

When you cut through the thick layer of jargon and bureaucratic language, this makes it sound like it was no more than a council outreach program on behalf of buskers. It was no such thing. It was a coordinated attempt to intimidate street artists, and to show them who was in charge following the council climbdown over the summer. We received many reports of buskers being threatened with arrest, moved on by the police, and even being told by council officials that details of who was performing on ‘Liverpool Council’s property’ would be passed on to the Inland Revenue and Benefits Office to ensure that no benefits claims were being made. This is unnacceptable behaviour designed merely to cause fear and uncertainty.

These are hard times. We have a national government who are cutting the benefits of the poorest and most vulnerable members of our society and starving local authorities of the money they need to carry out their statutory duties. Jobs and money are scarce, people are suffering. In this light, is it acceptable for the local authority to be diverting the scarce time and resources of the police and other bodies for a Christmas clamp down on buskers, when budgets are already stretched to the limit? There are deep social problems in Liverpool, harsh budget cut-backs, a housing crisis, high unemployment, homelessness and widespread drug and alcohol dependency. With this in mind, it seems obvious that such issues that are genuinely caused by buskers are easy to deal with, without the need for heavy handed action against performers or spending scarce council time and money passing legislation that restricts street culture in a city whose very lifeblood is music. The Council observe that there are more buskers then ever before, but why this should surprise them at a time of high unemployment is beyond us. Why do they feel the need to make life more difficult for performers then it already is? The local authority are best understood as stewards and guardians of our public spaces. They should be celebrating the diverse talent that take to the streets to entertain the public, they should support those individuals who brave the elements with no guarantee of reward and animate the urban environment, and they should stand alongside all users of the shared public spaces of the city centre and work with us all to build community and resolve such issues as do arise amicably.

So Councillor Stephen Munby and Mayor Joe Anderson, let’s put a stop to this silliness. You both have better things to be spending your time on then worrying about buskers on the streets of Liverpool. There are a lot of people suffering right now. There is poverty all around us. The shiny new Waterfront developments and LiverpoolONE do not hide the fact that deeper problems face the Liverpool community then a few ‘pesky’ buskers. ASAP! wants to work with you, with the help of the Musician’s Union, to find creative ways of dealing with busking issues without resorting to coercive legislation or heavy handed council action. Liverpool is known worldwide for its culture and music, but also for its friendliness and openness of spirit. By working together, we can build on Liverpool’s growing reputation and enhance the life of the city. We are waiting for your call Liverpool City Council.

The Council Strikes Back!

The Council Strikes Back!

Photo: peter.clark


Only two short months after being forced to abandon their contentious and coercive busking license scheme, we have reliable reports that Liverpool City Council are up to their old tricks again. We have received information that individual street artists and performers have been approached by police officers and council officials and asked to give their names and addresses. Many performers have been approached on multiple occasions in what amounts to a coordinated campaign of harassment and intimidation.

In the light of the savage cuts to essential services that the council are having to put through, we think that a new campaign against the buskers of Liverpool is a terrible misuse of the council’s scarce time and resources. Our shared public spaces are a vitally important resource for our communities. Buskers help create a sense of place and identity for a city. Compulsory license schemes are bureaucratic, restrictive and unnecessary. A common sense voluntary code of conduct is all that is needed to promote a vibrant culture of street performance. Issues that arise from time to time can easily be dealt with on a case by case basis without the need for regulation.

ASAP! exists to help protect our public spaces and to safeguard street culture. We want to help local authorities to see the benefits of street animation, and to help them realize that this is one area of city life where a light-touch, hands-off approach will bear fruit. The city council at its best is a steward of our shared resources and exists to promote and protect the common good. When it goes after street performers in a misguided attempt to create ‘order’ on the streets, it departs from its primary function. We ask them to seriously consider whether sending out enforcement officials and police officers to intimidate people who are bringing life and colour to the streets is a good use of their time and efforts at this time.

In order to help Liverpool City Council see sense, and to raise awareness of this new campaign of intimidation, we are arranging a spontaneous celebration of street culture in the form of a communal busk this Thursday the 22nd of November on Church Street, Liverpool, just outside of Primark. We will be gathering from 5pm onwards with our instruments of choice. This will be a peaceful and joyful occasion. Everyone is welcome. We will be a positive presence on the streets! And remember, wether you are a street artist and performer, or just someone who values and cherishes street culture, ASAP! is here for you. We will not stand aside whilst local authorities conduct misguided clampdowns on a vital aspect of civic life. We will continue to campaign to keep streets live!

We will jam, we will play, we will never go away!

Keep Streets Live! Campaign Updates…

Keep Streets Live! Campaign Updates…

Photo: A map showing the area of the city centre which Liverpool City Council intend to sweep clear of buskers during the Mathew Street festival.


Friday 24th August was a very important day for the Keep Streets Live! campaign. As many of you will be aware, one of the many buskers in Liverpool affected by the Council’s heavy-handed decision to clamp down on street entertainment has taken steps to seek justice for Liverpool’s buskers in the courts. Aided by Kirwan’s Solicitors, Siobhan McDermott has made an application for a judge to review the lawfulness of the Council’s policy and to strike it down.

Today, Siobhan and I drove to a sitting of the High Court in Manchester for a hearing before Judge Waksman QC. The purpose of the hearing was to seek assurances from Liverpool City Council about their current policy towards street performers and to ensure that there would be no extra clampdown on buskers during the Mathew Street festival. We were delighted that Liverpool City Council made an undertaking at the hearing NOT to

Apply or enforce, or encourage any other person to apply or enforce the street entertainment terms and conditions passed by Cabinet on June 8th 2012

pending the decision of the judicial review that has been applied for. It was noted that those undertakings were given without prejudice to Liverpool City Council’s other rights, power, duties or obligations pursuant to statute and common-law. That is fine by us. We have always said that the Council have a range of existing statutory powers to deal with any problems that arise from time to time. What we have always objected to was their attempt to impose an onerous additional set of terms and conditions onto street performers. We are glad of the Council’s undertaking not to enforce this policy pending the  coming Judicial Review.

However, during the hearing it also emerged that Liverpool City Council have made an operational decision to restrict street entertainment in much of Liverpool city centre for the entire duration of the two day Mathew Street festival. It seems this worrying decision was taken at a multi-agency meeting on the 28th June, but sadly it was not communicated adequately to those who are most affected – namely, the street artists and performers of Liverpool. The Council claim that the Police had been key drivers of the decision but did not provide a letter to this effect. Upon request, a map emerged of the area where street entertainment was to be actively, shall we say, discouraged (see above). As you can see, it covers an enormous part of Liverpool city centre. It was certainly a much larger area than was implied by the words in the letter Joe Anderson sent to Kirwan’s solicitors on August 23rd when he said:

For reasons of crowd management, the Police instruct that certain pitches have to be suspended and that Busking should not occur within certain parts of the City centre as it would constitute a health and safety hazard in terms of crowd management. The City Council are merely following the advice and instruction of the Police.

Given the history of Liverpool City Council’s behaviour towards buskers, we think it a tad unlikely that the major drivers of this policy are Merseyside Police who tend to be too busy fighting crime to act as impromptu talent show judges and anti-busker crusaders. We also question whether street performers constitute a genuine health and safety concern in light of the fact that the Mathew Street festival is an outdoor music festival set in the context of… yes, the streets! Would it not be reasonable to expect that there would be STREET entertainment at an outdoor music festival called the Mathew STREET festival? We do not understand the Council’s attitude towards street performers, nor why they seem to see buskers as such a threat to public order but are happy to turn Liverpool City Centre into a giant outdoor pub for 48 hours and hope for the best.