Success for ASAP!’s Keep Streets Live campaign in Liverpool!

Success for ASAP!’s Keep Streets Live campaign in Liverpool!
Post Date October 19, 2012
Comments 0 Comments
Author
Category Articles, Blog, Liverpool

Christian and Jonny present David Kirwan, Senior Partner of Kirwan’s Soliciters, with a gift on behalf of street artists and performers in Liverpool whose livilihoods his public-spirited legal support has helped to safeguard.

(Cross-posted from The Association of Street Artists and Performers)

There is an autumnal chill in the air and the nights are drawing in, already the memories of summer are fading and winter looms ahead, a time when most buskers have to dig out their thermals and fingerless gloves. But despite the colder weather and the diminishing hours of sunlight, our spirits are high. More than three months after its introduction, and under threat of legal action initiated by the Keep Streets Live! campaign, Councillor Stephen Munby announced Liverpool City Council’s decision to abandon their contentious busking at a recent cabinet meeting. This climbdown is hugely welcome and highly significant. It demonstrates that a constructive campaign of opposition can make a difference, and represents a significant moment in the ongoing campaign to protect street culture. At long las common sense has prevailed. We hope that this council reversal represents the beginnings of a new culture of cooperation and compromise between street performers and the powers that be.

Early on into the campaign, Kirwans Solicitors offered pro bono legal support to our cause, and began a legal challenge which was instrumental in the policy’s downfall. David Kirwan, Senior Partner at the firm, described Liverpool’s scheme as “oppressive, irrational and disproportionate“. At our campaign’s invitation, Kirwans initiated a formal legal challenge in the form of a judicial review application on behalf of Liverpool busker Siobhan McDermott. We know that the legal pressure applied by Kirwans helped to focus the minds of the council, and hope that they will now abandon the use of coercive measures like threats of trespass prosecutions and restrictive license schemes. We look forward to helping them draw up a system which genuinely enhances city life, and doesn’t smother spontaneity with spirit-sapping regulations.

Nonetheless, there are still unanswered questions about the council’s attitude to our legal challenge. Why, for instance, did the council claim that they were always going to review the policy after a three month period? This claim is nowhere to be found in the notes from the cabinet agenda at which the policy was announced  and talk of ‘internal reviews’ only emerged after the scheme came under heavy criticism from Keep Streets Live!.  The legal challenge we launched by judicial review had to be done in the first three months of the scheme’s introduction or it would have been invalid. We think it is a little bit suspect that the proposed internal council review was to be after three months, precisely after a legal challenge would have been ruled out.

We are also disappointed that the Mayor of Liverpool is still maintaining that the policy was ‘lawful and reasonable’, despite the information that the Keep Streets Live! campaign helped bring to light, and the many contentious points we drew attention to (such as the Simon Cowell clause, threats of trespass prosecutions in public space, the unlawful ban on under-18s and the small issue that the 2003 Licensing Act was never intended to cover busking).  The council are continuing to send out mixed messages about the real reasons they dropped the scheme.  We hope they come to see just how unreasonable their proposals really were and how troubling were the implications for how our shared public spaces are managed. This will be particularly useful if any new policy that emerges from this episode is to have real credibility.

So how did we arrive at this victory? Beginning life as a petition, growing into a website, taken up by the large number of affected parties, and so ending, finally, in the High Court, the campaign could not have succeed without the generous input and dedication of a wide variety of people who lent their support over the course of the summer.

From the supportive members of the public who turned out en-mass on the streets of Liverpool for celebratory busks to help raise awareness for the campaign, to the devoted members of our legal team, to the many individual buskers and performers who wrote and spoke out with passion and eloquence about the injustice of the council’s decision, people from all walks of life came together in a common effort to stand against an unfair decision. We owe a debt of gratitude to the thousands who signed the petition, to the street performers who turned up to the celebratory busks against the policy, to those who took photographs and made videos, designed websites and flyers, or lent their supportive presence to our various events, to sympathetic members of the public and supportive voices in the cultural and artistic communities of the city, to our dedicated and tenacious legal team, and those journalists who took the time to uncover the real issues at stake in Liverpool. We could not have achieved this without you.

To date, the campaign has attracted coverage from online, print, radio and television media outlets. Early on the Musician’s Union gave us their support and offered to help Liverpool City Council draft a fairer street performance system. This was enormously helpful. The staff at Change.Org also provided valuable advice and insight throughout the campaign.

Liverpool’s restrictive policy on street entertainment touched on many wider issues, and these issues are not going away. What, for example, are our public spaces for? Who are they for and who decides what happens in them? To what extent should narrow private interests be allowed to dictate public policy, in other words? All these questions touch upon the basic issue of what we want our streets to be like.

Street artists and performers are just one group amongst many different users of our shared public spaces. We could also mention political activists, street evangelists, shoppers, skateboarders, street traders and many, many more. All have their unique part to play in the tapestry of our shared urban lives. We agree with Mary Portas when she says in her well-publicised report that

Our high streets can be lively, dynamic and social places…that give a sense of belonging and trust to a community1

We believe that street art and performance adds colour and life to our public spaces and needs to be encouraged and protected.

 

What Next?

The Association of Street Artists and Performers (or ASAP! for short)will continue campaigning for a vibrant street culture, and will stand against burdensome and unduly restrictive regulations whether in Liverpool, or elsewhere. ASAP! is a movement for all who have a shared interest in street art and performance, and who value our shared public spaces as places of community, interaction, diversity and spontaneity. We wish to draw our membership widely and work alongside all those who care about street culture. As long as you share our values and are in agreement with our aims, we are happy for you to call yourself an ASAP! member, and we are here to help and support you. There is no charge for membership, although we are preparing information packs that will carry a small charge to cover our admin costs to send out.

If you would like to join ASAP! please fill in this form, add a few words about yourself (if you wish), and we will be in touch.

Until then, Keep Streets Live!

 

Footnotes

  1. http://www.communities.gov.uk/documents/regeneration/pdf/2081646.pdf, pp.3 ↩

Mathew Street Festival Report

Mathew Street Festival Report
Post Date August 29, 2012
Comments 4 Comments
Author
Category Blog

It has been an eventful few days for the Keep Streets Live campaign. The weekend began early on Friday with a hearing in the High Court, where Liverpool City Council undertook to refrain from enforcing their contentious Street Entertainment Terms and Conditions against the buskers of Liverpool pending a review. The support of Kirwans solicitors has given this campaign real teeth and has helped show the Council that they are not above the law and are accountable to the people for the decisions that they make. It was very important to get this result ahead of the annual Mathew Street festival which has traditionally been one of the best times of the year for Liverpool’s street performers, but has seen Liverpool City Council take an increasingly hard line against buskers in recent years in the name of ‘elf and safety concerns. This year, we were determined, was to be different.

 

The Association of Street Artists and Performers (ASAP!) printed out ‘Busk Cards’ with advice about the law, how to speak to officials if asked to move on, and provided Kirwans Solicitors 24 hour emergency helpline in case of any legal problems. We distributed these widely amongst the street performing community in Liverpool ahead of the August Bank Holiday. I got up at the crack of dawn on Sunday 26th August, day one of the Mathew Street festival, and made my way down to Church Street to look for a senior police officer. Having found one, I made him aware of the High Court ruling and also informed him that all the buskers had received advice about their legal rights. I explained that all we wanted was to be able to entertain the many visitors to Liverpool without fear of arrest or harassment. He was sympathetic to what I had to say, but then again, the police are usually too busy, ahem, fighting crime, to worry about buskers. It’s usually only at the Council’s behest that they ever go after street performers, and the High Court undertakings put paid to that.

 

I set up my gear outside HSBC on Lord Street and got ready to entertain the crowds, only to be stopped by a council official who told me I was performing in the Mathew Street festival’s ‘footprint’, and would have to move on for health and safety reasons. Given that the nearest staged event was about four streets away, I thought his concerns, though touching, were unnecessary and I politely told him so. It seems that the Mathew Street festival’s ‘footprint’ is rather large, encompassing, as it does, almost the entirety of Liverpool City Centre. Seeking to control every aspect of what happens in a public space as large as that is a big undertaking, and it would seem to be most sensible to not waste too much time chasing street performers away during an outdoor street festival, and instead to concentrate on issues of genuine public safety. When I showed the official a copy of the High Court documents he suddenly lost interest in asking me to move on in any event, and I was finally free to start singing and playing.

 

The weather was kind to us on Sunday, and people from all over the world stopped, listened to and watched the various impromptu busking performances on display as they made their way between the main stages of the festival. We had a few disturbing reports of council officials harassing some buskers, but there were many more street performers than in previous years, a fact we at Keep Streets Live can only attribute to the Kirwan’s backed legal action we took against the Council. It was a legal action made necessary by the perverse mentality that sees busking as a threat to public order instead of as an enhancement to the culture of the streets. It is the same mindset that sees busking as a health and safety hazard in the world’s most famous music city, but allows the widespread consumption of alcohol by the multitudes in public spaces during the festival, despite the havoc this always predictably causes. Buskers make the streets safer by mediating a calming and reassuring presence to passersby, and by being an extra pair of eyes on the streets. Predictably there were NO problems involving buskers throughout the Mathew Street festival. Equally predictably there were MANY problems involving extremely drunk people. Funny that.

Monday was the much-anticipated final day of the weekend’s events, ‘A celebration of Merseybeat’, and I plonked myself at the bottom of Button Street, a hundred yards or so away from the Cavern, in eager anticipation of the final day of the festival. I noticed it was raining a little, and so I set up my stuff beneath a shop’s overhang to keep dry. At around ten in the morning I was flabbergasted to be told that the entire day’s program of outdoor events had been cancelled due to the weather and our old friend, ‘elf and safety. Wendy Simon, cabinet member for Leisure and Tourism summed up the risk-averse approach of the Council and Mathew Street festival organisers when she said,

 

‘We just couldn’t take the risk of going ahead…there was just too much of a risk that someone could get hurt’. 

 

To us at Keep Streets Live it just seemed like another faintly miserable English summer’s day, entirely predictable, and all the more so for being on an August bank holiday. Before too long the rain had cleared away and the winds died down, and thousands of mystified people wandered the streets of Liverpool wondering why an entire festival had been cancelled on account of a bracing sea breeze. Woodstock it was not! Fortunately, more then a few buskers braved the elements and entertained the crowds for free. Had it not been for Keep Streets Live and Kirwans there would have been no outdoor music at all on Monday, a tragedy for the many thousands who had travelled from all over the world to be there. We are glad that buskers can still be spontaneous and just set up and play, even in the face of a bit of drizzle. We are still waiting for our thank you from Claire McColgan, director of culture at the council for our performances, provided at very short notice, entirely free of charge, and without the need for a health and safety assessment or events coordinator. The powers that be have clearly missed a trick by not inviting buskers to be a much more active part of the festival. We hope that our hardy and resilient presence on the streets on Monday was a wake up call to Liverpool City Council for them to realize the many benefits of a vibrant and living street culture, and that they will now start to cherish it and stop trying to stamp it out.

 

Whilst we welcome Liverpool City Council’s decision to suspend their busking Terms and Conditions with immediate effect, we are in no doubt that it is the prospect of a Judicial Review  that has focussed their minds. As the overly hasty cancellation of Monday’s outdoor events demonstrates too well, the council does not have a good track record in dealing with those things that fall outside of its direct control like the weather, volcanic ash clouds, and, oh yes, buskers! But, believe it or not, great things can often happen if you only step back and let them. Liverpool was the launchpad for a musical revolution that still echoes around the world today. It is no surprise that people come from all over the globe to visit this wonderful, diverse and exciting city. We want these visitors, and the people of Liverpool alike, to walk down streets filled with life, filled with colour and filled with music. These are challenging enough times for all of us already without the added burden of ill-thought out, absurd and draconian restrictions on street culture.  We are certain that the local authority and the police have many more important issues to be focussing their time and efforts upon. We are glad that Liverpool City Council, albeit under strong legal pressure, has now suspended their busking policy pending the prospective judicial review. Keep Streets Live now joins David Kirwan in calling on them to take the final step, and to drop it all together. Then, and only then, we look forward to working with them, with the help of the Musician’s Union, on a genuinely collaborative busking policy that brings people together and enhances the life of the great city of Liverpool.

 

The rain couldn’t dampen our spirits, no health and safety cancellations here…

BRIEF: Just For The Record…

BRIEF: Just For The Record…
Post Date August 25, 2012
Comments 0 Comments
Author
Category Busking Brief

For the public record, ASAP! cares deeply about public safety and wholly supports the safe management of crowds. We believe that street performers make the streets safer by creating a calming ambience and adding to the enjoyment of passersby. Many of the people travelling to Liverpool for the Mathew Street festival will EXPECT to see impromptu street performances as a complementary activity to the events on the main stages. In this light we see it as our duty to be out on the streets of Liverpool bringing with us a positive presence for the Mathew Street festival. We do not want to cause problems for the council or the police. We want to help them by creating a pleasant and enjoyable atmosphere for people as they move through the city. We are happy to take regular breaks and to fully cooperate with the police as they keep a watchful eye on the safety of festival attendees.

But we think it is entirely wrong for Liverpool City Council to ask the Police to move ALL street performers off the streets at a time when the whole city is participating in an outdoor music festival 50 years after the Beatles first got together, especially when their presence is no way unlawful.

That is why we are encouraging our street performers to come to Liverpool on Sunday 26th and Monday 27th to be part of this celebration of Liverpool as a city of music and culture. Join us on the streets, but BE PREPARED! Before you come, print out a copy of our ‘best practise’ guidance with our advice on how to conduct yourselves on the streets:

http://keepstreetslive.com/resources/interim-advice-to-Liverpools-buskers

Also, print out a copy of the ASAP! busk card http://keepstreetslive.com/resources/busk-card and familiarise yourself with it. It contains valuable legal information, and advice on how to talk to officials. Always show consideration for other people, and bring a positive and celebratory spirit with you onto the streets. Be aware that there will be a lot of extra people for you to entertain this weekend, from all over the world. Be prepared to work with the police if they need you to take a break for any reason. We want to cooperate with the police. All we ask in return is that we don’t get threatened with arrest for the non-crime of entertaining people at a free street festival.

We suggest that performers choose their pitches on Church Street or Bold Street on Sunday 26th and Monday 27th, as these areas fall outside the unofficial exclusion zone that the Council produced at the High Court hearing, and as such do not constitute one of the ‘suspended pitches’ that Mayor Anderson alluded to in his letter. We look forward to seeing you all on the ground over the Bank Holiday weekend. In the meantime, Keep Streets Live!