The Manchester Busking Convention organised by Keep Streets Live and the Musicians’ Union is the first event of it’s type in the UK.
It is aimed not only at buskers of all levels of experience and those those who might be considering busking, but also at policy-makers and those with an interest in how street performance fits in the general urban environment.
Through a series of interactive workshops on the day we will be exploring the history of the relationship between the MU and KSL, and how we have worked together to protect performers and establish positive approaches to busking in a number of Council areas across Northern England.
There will be an extensive Q&A session on busking and the law where we can tell you everything you need to know about your rights (and responsibilities) as a street performer.
We’ll also be looking at how busking works as part of a wider musical career (facilitating travel, honing your act and generating interest via social media platforms), and examining some of the options available to us in an increasingly cashless society.
In addition to this we will be giving advice on setting up your equipment, getting good sound and minimising disruption to others when you perform in public spaces.
When a video of 15 year old Alfie Sheard busking went viral in February 2017 it took him from the streets of Doncaster to the studios of Burbank, California where he was invited to play in front of millions of viewers on the Ellen Degeneres show and presented with a guitar by his hero Ed Sheeran. Under controversial new proposals, which are now under public consultation online, from Havering Borough Council to ban all busking with any amplification in Romford and to restrict it to designated spots using a Public Space Protection Order (PSPO), Alfie would have been committing a criminal offence punishable by a fine of up to £1000. These draconian proposals, if implemented, would turn Romford town centre into a no-go area for busking and would do immense damage to the grassroots cultural life of the town at a time when opportunities for young artists to perform and audiences to encounter live music are being greatly diminished by the closure of live venues.
Many contemporary street musicians and artists 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. Instead of criminalising all amplification in catch-all proposals, 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 on all amplification in Romford would also potentially criminalise residents who used a loudspeaker or microphone during a peaceful protest thereby infringing their rights under Article 11 of the European Convention on Human Rights.
Romford’s draft Public Space Protection Order would also criminalise ‘begging and the seeking of alms’ in proposals that have come under strong criticism in a letter sent to Havering Borough Council from leading Human Rights advocacy group Liberty because of the impact these new powers will have against the most vulnerable and destitute people in Romford. Anyone caught begging or seeking ‘alms’ (A term which is left undefined in the draft proposals) could face an on-the-spot fine of £100 rising to £1000 if unpaid. At a time when homelessness and destitution is rising across the UK, these new powers will do immense damage to the most vulnerable members of society as well as representing a waste of public money as the fines will not be able to be paid and the cost of processing people through the courts does not represent good use of scarce public resources. The police and council already have a wide range of existing powers that can be used to target aggressive begging or busking that causes a genuine nuisance. The new powers will criminalise people who are doing no harm.
I know from personal experience that Romford is not always a welcoming place for buskers because I was nearly arrested there in December 2015, before I had even played a note, because a police officer wrongly believed that busking constituted antisocial behaviour. This is a fundamental misunderstanding of the highly sociable role that busking plays in our town centres by bringing people together and creating a vibrant and welcoming public spaces. The use of a so-called Public Space Protection Order to criminalise a sociable and beneficial community activity is entirely misplaced. The Keep Streets Live Campaign now publicly calls on Havering Borough Council to remove their plans to criminalise busking with a PSPO and to instead work alongside the Keep Streets Live Campaign, Musician’s Union and Equity to bring in new busking guidance allowing swift enforcement to be taken against buskers who cause a real nuisance whilst street art and music to flourish. We also ask that the council remove the clause on ‘begging and seeking alms’ and to concentrate scarce resources at a time of rising homelessness and desitution on protecting the most vulnerable instead of prosecuting them and to use existing powers to target only those whose behaviour genuine causes alarm, harassment and distress to others.
Please take a moment to complete this short, online consultation about a proposed Public Space Protection Order (PSPO) in Newcastle which the Keep Streets Live Campaign is opposing because it could see vulnerable, homeless and destitute people facing criminal records and fines of up to £1000 and because it is unduly restrictive and vague in its wording.
We are publishing some of our reasons for opposing the PSPO which you should feel free to use for your reference. The deadline for the consultation is Friday 14th October
Newcastle’s proposed city-wide PSPO
The proposed PSPO is too wide in its scope and likely to criminalise behaviour and activities that are not, in and of themselves, harmful. The local authority should target enforcement against persons who are causing harm to other people with the proportionate use of existing powers rather than creating a new power that is open to misuse and is likely to be used against people who are vulnerable.
On begging
Including begging in the PSPO will have the effect of criminalising vulnerable and destitute people and trapping them further within a cycle of deprivation. On the spot fines of £100 which can rise to £1000 and a criminal record will enmesh people within the criminal justice and court system at great cost to the public purse whilst doing nothing to address the complex array of reasons which lead people to beg in the first place. There are a wide range of existing powers which the police can already use to target people whose behaviour causes alarm, harassment and distress to other people as well as people begging. The police and council should target their limited resources to enforce against persons whose behaviour is causing identifiable harm to other people. Many who beg are doing so because they are destitute or have complex needs, mental health problems and/or addiction. Fining and criminalising people who are vulnerable risks exacerbating these issues. This should not be considered on the draft order.
On Chugging
The proposed wording for this part of the PSPO is far too vague and ill-defined and drags activities and behaviours that are not harmful into the realm of the criminal law. There are existing powers that can be used to target any chuggers whose behaviour causes alarm, harassment or distress to any person or is any other way unlawful. The proposed PSPO would have the effect of criminalising people’s livelihood on grounds that have the potential to be completely spurious.
On ‘legal highs’
A PSPO is the wrong legal mechanism to address this issue. The new legislation relating to legal highs outlaws the possession, distribution, sale and supply of legal highs in public places. The creation of a new ‘catch-all’ power in relation to this issue is not necessary and might risk people being criminalised/fined when they are not actually using legal highs. What tests, safeguards or procedures would be in place to ensure that there was evidence that a person was using a banned substance? How would this be proved? What safeguards would be in place to ensure that vulnerable persons received the interventions and treatment that they need? This PSPO risks criminalising already marginalised and vulnerable people.
Due to a lobbying by a vociferous minority the council is currently looking into the possibility of bylaws to impose damaging restrictions or potentially even completely ban busking.