Freedom and Public Space

Freedom and Public Space

The Orchestra….

I am writing these words a few hours before the inaugural public performance of the Citizen’s Kazoo Orchestra (CKO) on Camden High Street and a tangible feeling of Kazoo-infused excitement is rising up within me. The CKO has been formed at great haste because of Camden Council’s plans to impose a draconian license scheme for busking in shared public spaces of this great London Borough, which will give the police and council officials extraordinary powers to seize busker’s instruments, to impose fines of up to £1000 and to sell instruments if the fine is unpaid after 28 days. The central ideas of the CKO is that everybody can play the Kazoo, so it’s democratic, and everybody is welcome to join, so it is inclusive. Most importantly, if the police or council decided to try and seize an illegal Kazoo, they would,

a) Look very silly indeed

b) Be unable to stem the tide of replacement Kazoos filling the breach. At 5o-pence-a-pop they are the citizen’s choice to blow a fulsome raspberry at badly misconceived local government policies.

The Politics…

Camden is a Labour-led Council. A party that at a national level is presenting itself as ‘One Nation Labour’, giving a voice to the voiceless, standing alongside the dispossessed and the vulnerable and against powerful special interests that restrict freedoms and erode communities, especially the evil Tories who are privatising everything that moves. Local authority budgets have been some of the hardest hit by the austerity agenda of the Coalition Government. This year alone Camden Council are having to find ‘savings’ to the order of an incredible £83.3 million pounds from their already over-stretched budgets. These cuts will inevitably fall most heavily on those with the greatest needs: the old, the disabled, the sick, the unemployed and others who are marginalised. In this light, it is simply staggering that Labour-controlled Camden have mobilised thousands of pounds of public money in order to carry out a public consultation with a view to implementing one of the UK’s most restrictive busking policies, effectively privatising huge swathes of public space for those who wish for nothing more than the right to play music on the streets. Camden Council have attempted to cloak their decision making in a veneer of reasonableness by saying they are protecting residents who have complained about the noise that street musicians make, particularly around the tube station at the top of the high street. Apart from the fact that Camden is known for being one of the busiest and most vibrant places in London, these complaints – around 100 in total over the last 12 months in the whole of Camden – represent an insignificant fraction of the overall complaints received by the Noise Team in the whole borough, and yet the licence scheme is all-encompasing affecting every street and public space in the Borough of Camden. Research from the Live Music Forum indicates that over 90% of complaints about relate to noise from private residences and venues, not from buskers. In addition, the noise from the millions of tonnes of  metal-entombed mobile internal combustion engines that roar down the street every day also comes with CO2 emissions for good measure. If the Council were really serious about controlling noise and environmental pollution they would mobilise resources against persistent noise offending venues and private residences, and consider pedestrianising the high street for the benefit of residents and visitors alike. Instead, they have decided to focus their limited resources upon a small group of individuals who are easy to scapegoat and easier still to overlook, namely, buskers!

 

Public and Private

By requiring would-be buskers to fork out between £30 and £123 for a license, by banning all wind and percussion instruments and amplifiers REGARDLESS of the volume they are played at or the aptitude that they are played with, Camden Council are removing any potential for spontaneity and creativity and giving the police and council officials the power to destroy the livelihoods of individuals whose only crime is trying to make an honest living in one of the world’s most expensive cities. No one is saying that buskers don’t create noise issues from time to time, but the police and council ALREADY have extensive powers to move buskers on IF they are creating a genuine nuisance. The Environmental Protection Act 1990, The Highways Act 1980 and the Public Order Act all give the police powers if they need to use them. What these laws DON’T permit is the confiscation of instruments and the arbitrary imposition of £1000 fines with the threat of selling instruments if the fines are unpaid. Even bailiffs are not permitted to confiscate the tools of a person’s trade when collecting debts for the very good reason that this will prevent them from being able to earn in the future. The powers that Camden Council are proposing to give themselves are wide open to abuse and are an affront to any reasonable sense of proportion and balance. The plans are also an assault on the rights of people to use public space for informal performances of music, and as such, represent a further erosion of communal forms of life and cultural freedoms.

 

The Reasons Why

Camden Council claim that this is a consultation and that the outcome is not pre-judged. However, a revealing article published in Camden New Journal back in April tells a different story.  Deputy Mayor and Labour Councillor Lazzaro Pietragnoli, went on a ‘walkabout’ along with other local politicians and council officers and a concerned resident.

He said: “We had to see the problems for ourselves.

“In the short-term we will be reinforcing existing laws, for example when a busker obstructs passage we can legally move them.

“In the long-term we are changing policies and opting for a strict new one, meaning very specific powers to deal with busking. It will involve designated areas for them, and will not allow amps or more than one person at a time. So instead of bands we’ll see the return of traditional busking musicians.”

We know exactly what those ‘very specific powers’ are now, and they are an insult to freedom and to fairness. Many street performers use battery-powered amplifiers to support their performances. For anyone playing a classical or electric guitar they are an essential piece of equipment enabling music to be heard above the noise of traffic. Amplifiers can always be turned down if there are complaints, but to ban them entirely, along with percussion and wind instruments will have the effect of destroying livelihoods; whilst doing little to alter the fact that Camden is a noisy place. People flock to Camden from all over the world precisely because it is known as a cultural and musical epicentre with a vibrant night-life. In an all-out assault on buskers, Camden Council are demonstrating a tin ear for what really makes the place tick.

Later in the same article and in a clear sign that the wrongheadedness in Camden Council crosses party lines, Lib Dem councillor Chris Naylor cryptically alludes to development plans that might well alter the unique character of Camden for good…

He said: “There were plans to build a huge shiny shopping centre all the way from HSBC bank to Buck Street which would have knocked down the church and Camden Market.

“Now, we don’t want to do that in as big a way, but a smaller scale version is being talked about. That would mean this whole area would be changing anyway, and within that we could discuss options.”

Banning buskers whilst making plans to build a new shopping centres in the ruins of an iconic Market which is synonymous with Camden against a backdrop of savage local authority cuts? It’s a deeply depressing story which is why it is so important that the plans to regulate street music out of existence must be opposed in a spirit of creative and loving resistance. That’s where the Citizen’s Kazoo Orchestra and the 2600 and counting people who have signed our petition calling on Camden to think again come in and why we won’t go away until these wrongheaded plans are abandoned!

 

Sign the petition here.

Join the Facebook Group

Join the Association of Street Artists and Performers

 

 

The Spirit and The Law

The Spirit and The Law

The campaign to Keep Streets Live in Camden has been gathering pace and some high profile support since the petition was launched just over two weeks ago which now has nearly 2500 signatures. ASAP! has joined forces with comedian and political activist Mark Thomas whose involvement will help him in his quest to participate in 100 minor acts of civil disobedience which, if he fails to complete, will see him having to donate £1000 to the woefully inept but seriously funny UKIP.

Although we are continuing to see the funny side, the issues at stake in Camden are very serious indeed for everybody who values public space. Camden Council’s plans to impose a strict licensing regime on any person who wishes to play music on the streets is a mindless tax on joy, spontaneity and basic freedom. The threats to confiscate instruments and to sell them unless a fine of £1000 is paid are a frightening prospect for any musician struggling to make their way in one of the world’s most expensive cities, and that is exactly what they are meant to be. Camden Council are attempting to use the law to frighten and bully people into a dull conformity. A Labour-led council, who should really be concentrating on mitigating the effects of £83.3 million worth of local authority cuts in the next year alone upon some of the most vulnerable people in London, are somehow finding the time to clamp down on one of the informal aspects of city life that gives people enjoyment and a feeling of belonging in an often threatening urban environment. I’m staggered that the police and the council have enough resources to be spending thousands of pounds on a scheme to regulate busking. With that in mind, just over a week ago I made a Freedom of Information request to the Metropolitan Police to see what their thoughts on busking were….Yesterday, I heard back from them…

 

Here is the exchange (With my thoughts in brackets next to their answers)

 

Dear Metropolitan Police Service (MPS),

Camden Borough Council are conducting a consultation on plans to
introduce a license system for busking in Camden. This request
seeks information on the policing of busking in Camden.

In the last 12 months:

What is the police policy on buskers?
Do the police see busking as a serious issue for the Camden police
force?
How many buskers have been arrested for busking in Camden?
How many buskers have been moved on, and for what reason?
What is the advice given to officers working on the beat how they
should deal with buskers?

Yours faithfully,

Jonathan Walker
Dear Jonathan Walker

I have been forwarded your request for information regarding busking in
Camden Town (copy below).

I am the Inspector with responsibility for the following wards –
Haverstock, Gospel Oak, Camden with Primrose Hill, Kentish Town,
Cantelowes and Belsize. As such I am in receipt of enquiries/complaints
made by the communities of those wards. I moved to this role in June and
was informed of the community complaints relating to busking. I will
attempt to answer your enquiries in the order in which you have raised
them.

What is the police policy on buskers?

The complaints regarding busking have mainly gone to the Councils noise
enforcement team. They have forwarded them to us for our information. As I
am sure you are aware my Neighbourhood Policing Teams respond to community
concerns. Part of that response has been to support the council officers
noise enforcement teams patrols in Busking hotspots (JW -Are they were the fire-jugglers gravitate to?) This we have been
doing at peak times. There is no policy on it as such but our patrol
strategy is to support the noise enforcement officers engagement of the
buskers. (Don’t you love the word ‘engagement’ in this context?) As you know the council have made a proposal for the licensing of
buskers. The noise enforcement officers engage the buskers and explain the
proposal. If there is any ‘extreme busking’ – amplified music or large
crowds causing obstructions of the highway then they are asked to move on (Extreme busking sounds like an endurance sport! In this definition anybody who uses an amplifier and is capable of attracting a crowd is guilty of ‘extreme’ busking! In Camden there is so much noise from traffic and music in shops as well as road works, that a small battery powered amp is a vitally important part of a street musician’s performance.)

Police only step in if required.

Do the police see busking as a serious issue for the Camden police force?
Complaints from the community are taken seriously. Large numbers of
complaints naturally provokes responses. You will no doubt be aware of our
policing challenges set by MOPAC, specifically in relation to the
reduction of the MOPAC 7 crimes – Violence with injury, Robbery, Burglary,
Theft of Motor Vehicle, Theft from a Motor Vehicle, Theft from a Person
and Vandalism (criminal damage) by 20%. You will and may say that busking
does not feature in that and should not be a priority. (That is exactly right. Busking DOES NOT feature in any of the priorities for policing which rightly revolve around solving crime and keeping people safe, particularly from serious crimes against the person.) You may also be
aware that in the same challenge we have also been asked to boost public
confidence by 20%.  MOPAC sight four drivers to boosting public
confidence. Three of which apply to this issue :

* Engagement with the community – Committed to and engaged with the
community; listening, understanding  and dealing with their
concerns; and are reliable
* Fair Treatment – Fair and treated with respect; helpful, friendly
and approachable
* Alleviating Local ASB – Reductions in local disorder and ASB

(Playing music on the streets is not anti-social and does not constitute ‘disorder’…Camden Council say they have received 100 noise complaints about busking in the last 12 months. That’s just over 10 a month in a city like London, not too bad really. Certainly not a major police matter with everything else going on)

You will see that working in partnership with the council on busking in
response to community complaints is necessary. We are in support of the licensing of buskers in Camden. (There’s a surprise, the Met Police are in favour of the extension of legal powers that can be used against individuals which would give them the right to seize equipment and instruments and take away people’s livelihoods. It would have been more interesting and more appropriate if the police, who are, after all, public servants, had remained neutral on what is clearly a political issue relating to the use of public space).

How many buskers have been arrested for busking in Camden?
None

How many buskers have been moved on, and for what reason?
I do not have any information on numbers as they are not recorded. (Again a clear sign that this is not a major policing issue, so why are they getting so involved?) If they
are asked to move by the enforcement officer and then move on there is no
course for police action. I have just spoken to an officer from the Camden
Town Centre Team who carry out 90% of our busking patrols and I am told it
is very rare that they have had to ask buskers to move on This IS NOT the experience of many of our members who frequently cite police harrasment as one of the pitfalls of busking in Camden. However, in future they will be able to cite this document as proof that the police don’t normally move buskers on unless…wait for it….)

As above it is only extreme buskers that we would make that request of due to
amplification or causing an obstruction. (There it is again, EXTREME buskers, defined as anyone using an amplifier, regardless of volume, or quality of the sound, or skill, or artistry, musicality, beauty or joy etc etc etc)

Most report back that if amplified, the equipment is turned off and they are allowed to continue.
Others state that some just pack up and move locations on seeing the noise
enforcement/police approach. If they are asked to move on its due to
amplification and/or obstruction of a highway

What is the advice given to officers working on the beat how they should
deal with buskers?
I believe I have covered this in my opening paragraph. Our staff our out
in support of the noise enforcement team. (Your staff should be out on behalf of all the people they are paid to serve, including buskers who can make a big contribution to keeping public spaces safe just by being present and can change threatening atmospheres by playing music, as well as being an extra pair of eyes and ears on the streets)

I have information of an intention for a demonstration or mass busk event
in Camden on Monday. It would appear that you have set this up and
requested support via social media sites. I understand that you want to
drum up (excuse the pun) support against the licensing proposal. It would
be beneficial for you to work with us so we are aware of your intentions,
locations, routes for your procession so we can facilitate any lawful
public protest. Could we meet to discuss your planned event. I attach some
useful legislation to assist you in the planning of your event. (I’d be happy to talk to you. I must emphasise, it is not a protest, it is a peaceful public gathering of the newly formed Citizen’s Kazoo Orchestra. We will be doing nothing more subversive then blowing kazoos in unison and handing out leaflets. We come in peace to celebrate public space and the freedom to play music on the streets without having to seek permission from the bureaucratic engine of local government. We expect our elected officials and public servants to concentrate their valuable times and resources upon keeping us safe and serving the public).

Friends, the future of public space in our capital city is the issue here. Private interests, backed up by public policy, if unchecked have the power to change the way in which we live our lives and experience our shared public spaces. If the police and the council can clamp down on street culture in a place as vibrant and diverse and  as full of life as Camden, they can do it anywhere.

The freedom of the streets needs to be protected and upheld in a spirit of love and peace, and you can rest assured that ASAP! will do everything it can to safeguard and protect those freedoms, and to seek to work alongside the police and local authority to explore constructive ways of dealing with the issues that arise…

Peace,

 

Jonny

Link to this

Citizens’ Kazoo Orchestra

Citizens’ Kazoo Orchestra

 

STREET CULTURE IN CAMDEN IS UNDER SERIOUS THREAT
Camden Borough Council are planning to introduce one of the most restrictive Busking Laws in the UK.
• Busking without a license will become a CRIMINAL OFFENCE punishable by a fine of up to £1000
• Police, Council officials and ‘authorised’ private contractors will have the power to seize and confiscate instruments of anybody busking without a license
• If fines are not paid within 28 days then the Council can SELL the instruments to pay the fine
• All wind and percussion instruments and amplifiers are BANNED (including Kazoos)
• Annual licenses costing up to £123 will be required with performers required to display licenses at all times and to stop performing if asked by a council official for any reason
GRAB A KAZOO AND JOIN THE DISSENTERS
MARK THOMAS
Kazoos are highly portable and cheaper to replace than a guitar or violin should they be confiscated by an over-zealous public official.
We’re open to new members (with no previous Kazoo experience necessary) and will be performing at events in Camden during the coming months.
1O0 aCTS
0f MINOR DisSenT
The Citizens Kazoo Orchestra has been formed by Mark Thomas 100 Acts of Minor Dissent in conjunction with the Keep Streets Live campaign.
Sign the online petition at www.keepstreetslive.com
Find out more at www.facebook.com/groups/keepstreetslivecamden
THE COUNCIL SAY
BUT ACTUALLY…
Street performance causes ‘danger’ and creates opportunities for crimes to occur such as pickpocketing.
Strict new laws are necessary because of a recent increase in complaints about buskers from residents and businesses.
Camden Council say they need the power to seize and sell instruments to enforce this new law.
A specific Busking Law is needed to effectively regulate busking.
Academic evidence shows that busking makes the streets safer. Busking adds colour and vibrancy to urban landscapes making shared public spaces more welcoming and less threatening.
Without addressing the noise issues that generate the most complaints such as traffic, construction, shops, the use of machinery and loud music from neighbours, Camden Council risks fundamentally restricting a huge outlet for grassroots culture.
Confiscating musical instruments takes away a person’s livelihood, robs them of their ability to earn (and therefore, to pay fines) and is a serious assault on personal freedom.
Scarce public resources should not be directed against grassroots musicians and artists in this heavy-handed zero tolerance approach.
The Council and the Police already have a wide range of existing powers that they can use against buskers who are genuinely causing problems.
Existing laws and a Best Practise Guide are all that’s needed for the effective oversight of busking.
Camden has a worldwide reputation for Alternative Culture
Live music is part of the lifeblood of Camden and
a major aspect of its visitor economy. The vibrant and varied street culture is part of what makes it such an exciting place to live and visit. Plans to impose strict regulations on would-be buskers will stifle spontaneity and have a damaging impact upon the diversity and distinctiveness of performers AND performances.
Camden’s Labour-controlled Council are in the process of cutting £83.3 MILLION from their annual budget and yet have still found the thousands of pounds necessary to consult on these busking license proposals. This reflects a strange set of priorities, especially at a time when public money is so scarce. Public servants should be concentrating their time and resources where they can make the most positive impact.
The Association of Street Artists and Performers (ASAP!) is an advocacy body which campaigns for policies that support the use of public space for grassroots expressions of art and culture. We are calling on Camden Council to abandon their plans to license busking.
Buskers should be welcomed and encouraged, ESPECIALLY in Camden with its rich history and culture of live music.