Cheshire West and Chester City Council’s Assault on Street Culture

Cheshire West and Chester City Council’s Assault on Street Culture
Post Date July 08, 2015
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Please sign the petition to stop the criminalisation of the homeless and buskers in Chester

Cheshire West and Chester Council have decided that it would be a good idea to deal with homelessness not by providing shelter for the vulnerable but by making it a criminal offence punishable by a fine of up to £1000 to ‘lie down or sleep in any public place’.

In a wide-ranging proposal to tackle ‘antisocial behaviour’ in the city using controversial new Public Space Protection Order (PSPO) powers they are also planning to criminalise buskers who haven’t passed a ‘quality assessment’ first though the private business group CH1 BID company. This proposal turns council officials into civic Simon Cowells with a nasty twist, the power to give musicians a criminal record for singing songs on the streets. It is attack on the spontaneity and informality which is part of what makes busking such an integral part of Chester’s cultural heritage. Ludicrously, the proposed PSPO would also make it a criminal offence to ‘feed any bird’ in the defined area.

When Oxford City Council introduced similar proposals over 72,000 people signed a petition asking them to think again and Liberty issued a legal challenge calling on them to abandon their unlawful attempts to criminalise homeless people and buskers.

As Rosie Brighouse, Legal Officer for Liberty rightly pointed out in that challenge:

“If somebody is forced to beg or sleep in a public toilet, that’s not antisocial behaviour – it’s poverty. Oxford City Council should focus on finding ways to help the most vulnerable people in their city, not slapping them with a criminal record and a fine they can’t possibly afford to pay.

One of the architects of Cheshire West and Chester Council’s proposals, Chief Inspector Jez Taylor, a partnership officer with Cheshire Police, has justified them in the following terms:

“Chester is one of the best preserved medieval walled cities in the United Kingdom. Its Roman heritage and many assets including the cathedral, the walls, the racecourse, the zoo and the river…a PSPO will…improve the image of the city centre’

But this approach to policy making privileges the appearance of Chetser and surrounding areas over its’ citizens’ wellbeing, and risks treating rough sleepers, the vulnerable and even buskers as a problem to be dealt with, as an inconvenience, as a threat, rather than as individual human beings.

 The Keep Streets Live Campaign is a not for profit organisation which advocates for public spaces which are open to informal offerings of art and music. We have successfully overturned policies which criminalised buskers in Liverpool and York where we now work with the councils to design best practise policies for street culture alongside groups like the Musician’s Union.

We are calling on Cheshire West and Chester Council to abandon their plan to criminalise rough sleeping, begging and busking. The council and police have strong existing powers to deal with the small minority of people who cause genuine antisocial behaviour, they have no need for the proposed sweeping and arbitrary measures.  We have seen public pressure prevent similar measures being adopted in Oxford, Westminster and Hackney and know that public pressure can stop this from happening in Chester too. Please take a moment to sign and share this petition to stop Cheshire West and Chester Council from making homelessness harder than it already is.

Keep Streets Live Activist Forum – July 5th in Leeds

Keep Streets Live Activist Forum – July 5th in Leeds
Post Date June 09, 2015
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What’s the problem?

Across the United Kingdom and beyond there is a growing trend towards the privitisation of public space and the use of ‘antisocial behaviour’ legislation to criminalise spontaneous offerings of art and music on the streets and in the public places of our towns and cities.

The Keep Streets Live Campaign was founded to protect access to public space for informal offerings of art and music and to safeguard spontaneity. We want to keep the realm of criminal law far away from street culture, but threats to civic freedoms are growing. From Camden to Oxford, from Bath to Birmingham we have seen local government drawing up plans to use sweeping powers such as ‘Public Space Protection Orders’ to make the simple act of singing songs and playing music on the streets a criminal offence.

What’s the solution?

Other cities such as York and Liverpool, both famous internationally for their vibrant and open culture, have bucked the trend and worked alongside buskers and the Musician’s Union to introduce busking guidance which safeguards spontaneity and allows issues to be dealt with in an amicable and constructive way.

We want to work alongside local government to help them find creative ways of overseeing busking which don’t involve turning musicians into criminals, but we need YOUR help to get this message across:

How can YOU get involved?

On July 5th we will be holding a unique, free one day event in Leeds, West Yorkshire aimed at buskers, street artists and performers, jugglers, musicians, poets, troubadours, activists…In fact, anyone at all who is concerned about the growing threat to freedoms in public space.

You can join the event here and invite friends along too:

https://www.facebook.com/events/835127999889938/

You can register for your free ticket here:

https://www.eventbrite.co.uk/e/keep-streets-live-activist-forum-creative-resistance-for-freedom-in-public-spaces-tickets-10329609139

We will be asking ourselves some questions.

What actions are we prepared to take to defend the freedoms of public space?

How can the power of art and music be harnessed to resist policies that stifle creativity and spontaneity?

How can buskers, street artists/performers and their supporters build community and best work together for public spaces that are open to the arts and informal street culture?

You don’t need to be an artist or performer to come; anyone who cares about safeguarding cultural freedoms in public space is a welcome participant.

What should we bring?

An open mind, a desire to get involved, your creativity and ideas, and your experiences of art and music in public spaces. There will be some opportunities to spontaneously share music, art, poetry during the day in between sharing and strategising, so feel free to bring your musical instruments/artistic materials along (if you have any!).

In short…

This day long event is open to anyone who wants our streets and public spaces to be open to the arts and other grassroots community uses.

As you would expect for a busking event, there is no fixed price for entrance but voluntary donations towards the cost of running the event will be gratefully accepted.

There are a limited number of places available so please click through the eventbrite link below and confirm your attendance:

https://www.eventbrite.co.uk/e/keep-streets-live-activist-forum-creative-resistance-for-freedom-in-public-spaces-tickets-10329609139

The event will be facilitated by Mike Love from Together For Peace, a Leeds based community organisation that builds bridges between people from different cultures, communities and life experience.

Jonny Walker, founding director of the Keep Streets Live Campaign, will give a short overview of the current UK busking landscape.

Open Letter to Oxford’s ruling Labour Group against their coercive busking policy

Open Letter to Oxford’s ruling Labour Group against their coercive busking policy
Post Date May 20, 2015
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Keep Streets Live is Campaigning Against Oxford Council’s plans to make ‘noncompliant busking’ a criminal offence 
Join our all day protest against Oxford’s coercive Public Space Protection Order tomorrow from 12pm outside Pret a Manger on Cornmarket:
https://www.facebook.com/events/749538838499756/752236524896654/
Sign our petition calling on Oxford to abandon its plans to criminalise buskers:
https://www.change.org/p/oxford-city-council-stop-attacking-our-freedoms-support-a-vibrant-street-culture-in-oxford
The following is an open letter to Oxford’s political leaders responding to their justification of the coercive busking policy:
 
Dear Oxford Councillors,
I have sent this message to Councillor Sinclair but feel its contents are very important and relevant to the political and cultural life of Oxford as a whole and deserve to be read by all the elected representatives at the Council
I had a useful and productive meeting with several Oxford Council Officers in April facilitated by Councillor David Thomas of the Green group at which I was able to clearly explain our position as a campaign group and why Oxford’s proposed course of action to target a Public Space Protection Order against ‘noncompliant’ buskers is so problematic. I had hoped that this meeting would help Oxford understand why the course of action they had proposed was disproportionate and contentious and that it would be quietly dropped as the plans to criminalise rough sleeping and feeding pigeons have already been put aside. We have also demonstrated a clear and workable alternative approach, a guide to busking in York drawn up by buskers, businesses and the local authority working together and targeting enforcement action against the small minority of buskers who cause genuine issues. I am attaching two PDFs of York’s policy, one aimed specially at businesses who might have issues with buskers, and one aimed more generally at buskers and others who use public space. I hope you all get the chance to scrutinise these documents carefully.
May I firstly say that I am willing to accept that the PSPO proposal although clearly misguided, is at least well-intentioned. Oxford is a wonderful city in which to busk and some form of oversight is clearly necessary. It is also clear that enforcement powers are needed as a last resort for nuisance caused by busking.
However, the proposals to make ‘noncompliant’ busking a criminal offence by implementing a PSPO go way beyond what is necessary and proportionate for the oversight of busking and , ironically, represent a real threat to the cultural and civic life of Oxford’s public spaces.
That is why, tomorrow, I will be helping to lead a day long multi-location protest busk against Oxford’s PSPO proposals to invite the Labour group and the responsible officers to rethink these damaging proposals. We will be on Cornmarket from 12pm onwards and if any elected members wish to come and speak to us we would be very happy to explain our position. Here is the Facebook event to the protest:
https://www.facebook.com/events/749538838499756/752236524896654/
Quite simply, the proposed PSPO has the effect of turning an already restrictive busking code of conduct into criminal law and will thereby create a catalogue of entirely arbitrary new ‘criminal’ offences.
Oxford’s claims that existing powers are inadequate are misleading and inaccurate.
Oxford City Council already has legal powers to take action against buskers who are causing a noise nuisance and obstruction. Under the Environmental Protection Act 1990 it is a criminal offence to cause noise nuisance and the local authority can issue noise abatement notices against buskers and even confiscate musical instruments.
Likewise, under the Highways Act 1980 it is an offence to cause an obstruction on the highway, and any busker who does so can face enforcement action and punitive fines
Oxford’s existing code of conduct for busking is already highly restrictive and the proposal to introduce PSPO powers to underpin it will lead to arbitrary outcomes.
Oxford only ‘allow’ busking in eight official locations. Under the PSPO it will be a criminal offence to busk anywhere else, even if no obstruction is being caused. This creates an arbitrary criminal offence. In reality there are many more than eight places in the city where busking could be carried out without causing an issue.
Oxford only allow people to busk for one hour in one place and say no return is allowed to that spot within two hours. This treats a grassroots cultural activity which brings life and colour to the city centre as if it were car parking. A busker with a large repertoire of songs, played at a responsible and reasonable level can busk for longer than one hour without causing any issues whatsoever. Under Oxford’s PSPO proposal it will be a criminal offence to busk for 65 minutes, even if no nuisance has been caused, no complaints have been received and no one is waiting for a busking pitch. Once again this is in an entirely arbitrary outcome which undermines respect for the rule of law and is completely disproportionate.
‘A Guide to Busking in York’ is a collaborative document agreed between the busking community, Musician’s Union, Keep Streets Live Campaign, local authority and local businesses in that historic city over a period of 6 months of discussions. It is a clear alternative approach to the course of action Oxford propose. It has also been presented to Oxford’s ruling Labour group and senior officers within the council. It is designed to build good relationships between people who use the streets and provides a dispute resolution mechanism for people who have complaints about buskers. Importantly, enforcement action will only be taken as a last resort against buskers who are causing a specific issue such as noise nuisance or obstruction and who have refused reasonable requests to amend their performances. Unlike Oxford’s PSPO proposal a busker would not face a criminal record just because they had played in the wrong spot or for longer than one hour. There would have to be a justified reason for taking enforcement action. This has the advantage of being both fair and sensible in light of the costs of taking enforcement action and the relatively scarce resources available to the council. You can see York’s busking guidance at this link: http://keepstreetslive.com/articles/2015/05/1301
including a special four page document aimed at city centre businesses. It is a clear alternative to the proposals Oxford Council have put forward.
Oxford make the spurious claim that they need to introduce a PSPO because they have no existing powers of enforcement. I have already shown that this is demonstrably untrue and that the Environmental Protection Act 1990 and Highways Act 1980 give scope for enforcement against noise nuisance and obstruction. Additionally, since October 2014 under the Antisocial Behaviour Crime and Policing Act 2014 (The same act that contains PSPOs) the council now have the power to issue Community Protection Notices (CPNs) against any individual whose behaviour is a) unreasonable and b) having a detrimental effect on the quality of life of those in the vicinity. The breach of a CPN is a criminal offence and can lead to the seizure of musical instruments and punitive fines. CPNs could be issued to any busker whose conduct was deemed to be unreasonable and having an adverse affect on the quality of life of those within the vicinity. It is impossible to imagine a situation arising from busking where a CPN or the other pieces of legislation already mentioned would be inadequate. The advantage of a CPN over the PSPO is firstly that is targeted against individuals rather than buskers as a group, and secondly that it is more difficult to issue arbitrarily. A busker could not get given a CPN just for busking in the wrong spot for the wrong length of time unless they were actually causing a significant issue. Under the PSPO legislation a busker could be fined and criminalised even if they were causing no issue to any person. This is an arbitrary outcome that undermines respect for the rule of law and will create an unnecessary relationship of antagonism between Oxford’s civic officers and the busking community. It will also out many buskers and musicians off from travelling to Oxford in the first place and create a more routinised, sanitised and duller public realm which cannot be good for the city.
In short, there are many good alternatives to the PSPO approach, and many good reasons why the PSPO should not be adopted. The only remaining reason why Oxford might consider adopting the PSPO are because a) It creates a summary power to use against buskers which appears to be administratively convenient to do b) There is no requirement to produce evidence that a busker has caused an issue, buskers can be given a £100 fine just for playing in the wrong spot or for longer than 60 minutes which is less difficult than proving that a busker has been unreasonable and is causing a genuine issue.
The PSPO is a disproportionate and unjustified response to the issue of busking. We call upon Oxford City Council to drop these contentious proposals and to open a genuine dialogue with the busking community, local businesses, Musician’s Union and the Keep Streets Live Campaign and to introduce guidance promotes harmony and good will and does not create arbitrary criminal offences to the great detriment of the civic and cultural life of the city of Oxford.
Kind regards,
Jonny Walker
Founding Director of Keep Streets Live Campaign
http://keepstreetslive.com
http://jonnywalker.co.uk
http://facebook.com/jonnysongs

This was Oxford City Council's official response to our petition:

Oxford City Council encourages busking in the city centre. It adds a great deal to the vibrant and exciting city centre experience that we all know and love.

For the last decade, the City Council has had a Code of Practice that buskers are asked to agree to observe when they obtain a busking permit from the Council. to observe when they obtain a busking permit from the Council.

The Code includes:

– Not busking for more than 60 minutes in one place
– Not obstructing the highway
– Using amplification responsibly and maintaining a reasonable volume

The aim of the Code has always been to create a level playing field for all buskers and to stop any nuisance to everyone else who uses the city centre

– traders, local residents and visitors.
We currently have no legal power to enforce this Code of Practice and have received complaints from traders, in particular, about buskers playing loudly and for long periods of time outside their shops, which is not fair to them.

The Public Spaces Protection Order (PSPO) has been proposed in order to provide a legal power to take action against busking which leads to complaints from the public. In all cases, buskers will be asked to conform to the Code before any enforcement measures are used.

The PSPO will allow the Police or designated Council officers to issue a £100 fine or, in the most extreme of cases, to take the person to court, which could result in a maximum fine of £1,000.

But the Order will also remove the current requirement to obtain a permit before busking. After the PSPO has been introduced, people wishing to busk will be able to do so without contacting us in any way. All they will need to do is adhere to the existing Code of Practice.

The measures proposed will therefore have no impact on the vast majority of buskers and will in fact make it easier for musicians to busk in Oxford city centre. We think the measures will help to improve the liveliness of the city centre.

Posted on May 20, 2015