Letter to Nottingham Police

Letter to Nottingham Police

“I was passed your details by a busker, Jack Morgan, and as one of the directors of the Keep Streets Live campaign am reaching out to say we would certainly welcome the opportunity to meet with yourselves and the council to discuss the matter further.

Keep Streets Live is one of the leading advocacy groups for street performance in the UK, and has worked successfully in York, Liverpool, Birmingham and several dozen other towns/cities across the country to introduce guidance that both protects the spontaneous and cultural aspects of busking, whilst ensuring that concerns of local businesses and residents are also met. We also support the proper and robust use of existing legislation in individual cases where necessary and when no other solution can be found.

As you may be aware, the Home Office guidance to this legislation (2014 Antisocial Behaviour, Crime and Policing Act) makes it clear that it ‘should not be used to prevent busking or other forms of street performance’ UNLESS it is the cause of genuine and serious antisocial behaviour. For this reason we strongly believe that a PSPO is not fit for purpose as it targets ALL performance regardless of whether any actual disturbance, harm or loss is being caused. For this reason the policy is completely open to legal challenge, and our partners in the Musicians’ Union, Equity and Liberty have both the resources and the interest in pursuing this if necessary.

We also strongly believe, in our professional experience as performers, that elements of the PSPO will inevitably cause more problems. For example limiting busking to a small number of ‘authorised’ locations will serve to create more conflict between performers, make it considerably more difficult to make a living, and also concentrate noise and activity over longer periods of time rather than allowing it to naturally disperse across a fairly large city centre.

KSL fully believe that a sensible policy can be achieved in Nottingham, maintaining the fine cultural reputation of the city, involving all stakeholders in dialogue, and finding solutions to any problems that arise.

I have also CC’d in Dave Southern and Nicola Hambridge who are the two other members of our board.

Looking forward to hearing from you,
Kind regards,
Chester Bingley (Director KSL).”

The Nottingham PSPO proposal is totalitarian in its extent. It criminalises not only busking across almost the entire city centre but also leafleting, giving away any items, and making unspecified demands from any other individual. These are fundamental attacks on freedom of speech and assembly. Giving a sandwich to a homeless person would be illegal. To hand out a leaflet pointing out the injustice and stupidity of this would earn you a second criminal conviction. Dare you sing a song about it and earn a third? As PSPO’s can be enforced by council enforcement officers (who are not infrequently paid commission) it is hard to see how this will not be used in the most dubious of circumstances. Nottingham also boasts approximately 100 PCSO’s who have a terrible track record of attempting to misuse their authority across the city.

As a busker I’m aware that Nottingham has a long history of unlawful activity against our craft, from attempts to intimidate performers into signing up for their ‘permit’ to deciding that merely 4 poorly selected pitches should be available for our use in a city with a population of approximately 300,00. It is the city which saw the first KSL/Buskers Unregulated joint day of action several years ago. As you can see here we were not left to our own devices.

Even according to recent discussions with the Police, genuine problems only occur “occasionally” so we could employ the ever-popular ‘sledgehammer to crack a nut’ analogy. Perhaps the council and police should use their resources and ample powers to solve those infrequent problems first before taking the lazy route of introducing blanket bans which damage the cultural fabric of the city and potentially criminalise all buskers. After all, if the authorities are unable to sort outa few real problems they it begs the question of how do they think they will be able to enforce the PSPO anyway? Most likely the ‘problem’ buskers will remain and it will be those who are not causing any issues, are easily intimidated, or more vulnerable  who will be excluded. And with the pressure on the limited number of pitches available hugely increased, most travelling buskers will just not bother turning up. It will be the same faces on the same pitches every day, increasing complaints and the result will just be more conflict and more pitches being closed.

Keep Streets Live Official Response to Bournemouth PSPO Consultation

Keep Streets Live Official Response to Bournemouth PSPO Consultation

Keep Streets Live Campaign in Bournemouth

 

The Keep Streets Live Campaign has responded to the online Bournemouth consultation on whether to introduce a PSPO banning busking and skateboarding in large areas of the town. These proposals will make busking and skateboarding in Bournemouth a criminal offence punishable by a fine of up to £1000.  We think this proposal will have am enormously detrimental impact upon the grassroots cultural life of the town and risks criminalising vulnerable people unnecessarily. In summary we think that the proposals are a disproportionate response to problems caused by a minority of irresponsible individuals which can be adequately dealt with in other ways. You can participate in the online survey here: https://www.snapsurveys.com/wh/s.asp?k=150962689696

Please take ten minutes to give your views, they will help make a difference and give Bournemouth Borough Council an incentive to consider a different, more collaborative approach

We have provided our answers to the survey and our reasons here which you should feel free to use as a reference point:

How strongly do you agree or disagree that Bournemouth Town Centre experiences persistent and unreasonable behaviour caused by:

Skateboarding in certain areas of the town

Busking in certain area of the town

(Please tick one option per row)BournemouthBusker

Strongly Disagree

It is not busking or skateboarding that causes persistent and unreasonable behaviour, it is the actions of some individual buskers and skateboarders who behave irresponsibly and unreasonably. There is nothing intrinsic in busking or skateboarding as activities in public spaces that means that either activity should be subject to a PSPO. Instead there should be targeted and effective enforcement against the minority of individuals whose actions have a detrimental impact upon others rather than a blanket prohibition that will effectively criminalise the responsible and reasonable majority.

How much of an issue do you think the following behaviours in Bournemouth Town Centre are:

(Please tick one option per row)

Skateboarding in certain areas of the town

Busking in certain area of the town

Somewhat of an issue.

Clearly busking and skateboarding as activities have the potential to cause issues from time to time. They are part of the everyday life of towns and cities in the UK and, from time to time, people may have cause for complaint about the actions of individual buskers or skateboarders. It is not reasonable to expect that there should never be any issues with activities such as busking or skateboarding. Equally, they are activities that have the potential to bring enjoyment and vibrancy to the shared spaces of the town centre and it is difficult to see how a blanket ban using a PSPO will be helpful when existing enforcement powers can be effectively used to target the actions of an irresponsible minority.

How strongly do you agree or disagree that these behaviours should be regulated through a PSPO:

(Please tick one option per row)

Skateboarding in certain areas of the town

Busking in certain area of the town

Strongly Disagree

The problem with a PSPO when applied to activities like busking or skateboarding is that it creates a blanket criminal offence which criminalises behaviours which are not, in and of themselves harmful and are actually often beneficial to the cultural life of our towns and cities. A PSPO is a disproportionate response to the issues caused by a minority of individuals and will create a situation where unnecessary enforcement is carried out against individuals who are not causing any issues per se just because they are busking or skateboarding. A better approach would be to target enforcement against irresponsible and unreasonable behaviour using existing legislation without creating a blanket offence.

What conditions do you feel might be appropriate for skateboarding under a PSPO?
(Please tick one option)

None

What conditions do you feel might be appropriate for busking under a PSPO?

(Please tick one option)

None

How strongly do you agree or disagree with the proposed area (shown above) for the PSPOs?
(Please tick one option)

The proposed area covers a large portion of the town centre and would diminish the positive role that busking and skateboarding can play in the life of the town centre by making it a criminal offence to engage in these activities in the defined area. Once again, the proposals are disproportionate to the issues caused by busking and skateboarding. Enforcement should be targeted against those individuals who cause a negative impact through their behaviour, not against the activity per se.

Are there any particular days, times or seasons when you feel that skateboarding is worse than at other times? (Please write in below)

The phrasing of this question assumes that skateboarding is intrinsically negative in its impact as an activity whilst overlooking that for many young people it is a social activity that brings enjoyment and can contribute to their well being. Having a code of practice that outlined expected standards of behaviour with enforcement for individuals who did not comply with the code would be an effective way of managing potential negative impacts without a blanket ban.

Are there any particular days, times or seasons when you feel that busking is worse than at other times?
(Please write in below)

Once again, the phrasing of the question assumes that busking is intrinsically negative in its impact whilst overlooking the enormously positive role that busking can have in the everyday life of the town, regardless of day, time or season. Responsible and reasonable busking can have an all-year round positive impact on public spaces by bringing enjoyment to passersby, adding colour and vibrancy to shared spaces, creating a sense of urban community and providing opportunities for young people to gain performing experience in public at a time when live music venues are closing. Irresponsible and unreasonable buskers can be dealt with using existing legislation without the introduction of a blanket ban which will affect everybody, including those who are behaving reasonably.

What impact, if any, would a PSPO to regulate these behaviours have upon you?
(Please tick one option)

A negative impact

Are there any alternatives that you think we should consider? If so, please provide details below:

The council should work alongside the busking and skateboarding community as well as local residents and businesses to agree a common approach to the oversight of busking and skateboarding which does not involve the introduction of a PSPO creating a blanket criminal offence but does clearly set out expected standards of behaviour and the consequences of not following these standards using existing legislation. Birmingham City Council were considering a PSPO which would have banned amplification and ‘loud’ busking across the city centre. After working with the Keep Streets Live Campaign and the Musician’s Union alongside local businesses and residents the council re-evaluated their proposal and abandoned the PSPO. They then worked alongside the busking community to introduce a code of practice which set out clearly the expected standards of behaviours for all who busk in Birmingham with clear consequences for those who fail to abide by the guidance. The approach has proved effective with warning letters given out to those who breach the code in the first instance and targeted enforcement carried out against a minority of individuals who have caused issues. A similar approach could work well in Bournemouth and would have the benefit of targeting problematic performers without criminalising the activity per se and thereby having a hugely negative impact on those who behave responsibly and reasonably.

Are there any other comments you would like to make relating to this consultation?

This consultation does not seem to have given adequate weight to the social benefits of busking and skateboarding as activities in shared public spaces and in its wording seems to imply an assumption that these activities are almost wholly negative in their impact. Busking is an important part of the grassroots cultural life of the town and limiting or criminalising it using a PSPO will have a negative impact on the lives of many responsible buskers whilst also diminishing the enjoyment of the shared spaces of the city for visitors and residents alike.

The main problem with a PSPO is that it creates a blanket criminal offence which does not distinguish between responsible and reasonable behaviour and assumes that busking and skateboarding are intrinsically negative in their impact when, in fact, both activities have enormous potential to have a positive impact. A PSPO is a disproportionate response to the issues caused by a minority of performers which can be effectively addressed using an alternative approach.

Jonny Walker

Founding director of the Keep Streets Live Campaign, an organisation which campaigns for public spaces which are open to informal offerings of art and music.

Protect Civic Freedoms – Complete the Doncaster PSPO Consultation

Protect Civic Freedoms – Complete the Doncaster PSPO Consultation

Sign the petition against Doncaster’s Public Space Protection Order proposals which could see highly vulnerable people criminalised and bans on busking and even ‘being likely to cause annoyance’

Please take 10 minutes to complete this online consultation on Doncaster Council’s proposals to introduce a town centre PSPO that will affect cultural activities such as busking, criminalise highly vulnerable people and introduce nebulous new criminal offences. The Keep Streets Live Campaign has completed the online consultation and provided our answers to why we are opposing this PSPO. Please feel free to use our answers as a reference:

 

1. Requesting money, donations or goods including through placing of hats, clothing or containers.

This should be prohibited

This should not be prohibited

Don’t know

No comment to make

Additional comments

This prohibition would, perhaps unintentionally, have the effect of criminalising buskers who traditionally put out a hat, musical instrument case or similar to receive donations for performing music. Doncaster is well known for its vibrant cultural scene and is popular with buskers. The wording of this prohibition is too wide and should be changed so it doesn’t criminalise a grassroots cultural activity that brings vibrancy to the city centre.

Additionally this proposal criminalises vulnerable and destitute people who will have no means of paying punitive fines which will drag them into the criminal justice system. The police already have powers to target people for begging and can use their discretion to target people who use intimidation or aggressiveness rather than people who sit passively collecting with a container without causing harm to other people. Instead of introducing this general and wide-ranging prohibition the council and police should target those whose behaviour is causing specific harm to others.

2. Loitering around pay machines (including banks, supermarkets) unless waiting to legitimately use them.

This should be prohibited

This should not be prohibited

Don’t know

No comment to make

Additional comments?

This prohibition is too vague and wide-ranging in its scope. It allows people to be criminalised for a perceived ‘offence’ which might not occurred. A person may have a legitimate reason to be in the vicinity of a pay machine and yet fall foul of this prohibition because they are not waiting to use a machine. The prohibition creates a nebulous offence with a highly subjective element which is open to misuse and is too far-ranging.

3. Returning to the Town Centre within 24 hours after being requested to leave by an authorised officer due to them behaving in a manner causing or likely to cause harassment, alarm, distress, nuisance or annoyance.

This should be prohibited

This should not be prohibited

Don’t know

No comment to make

Additional comments?

Once again, the problem with this prohibition is that it brings a highly subjective element into the realm of criminal law. Causing alarm, harassment and distress to another person is already a criminal offence under existing powers which makes this prohibition unnecessary except that it also catches behaviour that causes or is likely to cause nuisance or annoyance, terms that have a very subjective element and could lead to people being banned from the town centre because in the subjective opinion of an authorised officer their behaviour was likely to cause ‘annoyance’. This is a wide-ranging power with a very low evidential threshold which is far too open to misuse.

4. Congregating in a group of three or more people and behave in a manner causing or likely to cause harassment, alarm, distress, nuisance or annoyance to any person within the Town Centre.

This should be prohibited

This should not be prohibited

Don’t know

No comment to make

Additional comments?

Once again this prohibition creates the potential for people to be criminalised because in the subjective opinion of an authorised officer their behaviour is seen as ‘likely’ to cause annoyance to any person. This is a nebulous prohibition which is far too open to misuse and could easily lead to a boisterous group of friends enjoying themselves being criminalised because someone found them to be likely to cause annoyance to any person even though their behaviour was not harmful in any way.

6. Ingest, inhale, inject, smoke or otherwise use intoxicating substances within the Town Centre or possess any item that can be used to assist in the taking of intoxicating substances.

This should be prohibited

This should not be prohibited

Dont know

No comment to make

Additional comments?

Once again this prohibition is too wide-ranging, catch-all and scattergun in its approach, particularly the clause that makes it a criminal offence to possess ANY item that can be used to assist in the taking of intoxicating substances. There are a wide range of innocuous, everyday items that can be used to assist in the taking of intoxicating substances and this prohibition criminalises people for possessing such items even if they are in no way being used to assist in the taking of substances. Also there is an inherent evidential difficulty involved in proving whether a substance is ‘intoxicating’ without proper testing prior to giving out on the spot fines.

7. Urinating or defecating other than in public toilets.

This should be prohibited

This should not be prohibited

Don’t know

No comment to make

Additional comments?

8. Camping or sleeping overnight with or without a tent, or using a vehicle, caravan or any other structure in a public place.

This should be prohibited

This should not be prohibited

Don’t know

No comment to make

Additional comments?

OK

This prohibition targets highly vulnerable people including the homeless and the vulnerably-housed and creates an unnecessary and perverse criminal offence of ‘sleeping overnight’ in a public place. People sleep rough for a wide variety of reasons, many feel safer in the communal centre of a town than in certain hostels. It is inappropriate to create a criminal offence which has a disproportionately high impact on highly vulnerable people within the community. On the matter of tents and ‘any other structures’, once again the order is too wide ranging and potentially open to abuse to be helpful. Many people use structures or tents to take shelter from the elements and this prohibition could put vulnerable people at greater risk. This seems an entirely wrong-headed way of addressing the social complexities stemming from the rise in people who are homeless or vulnerably housed.

9. Making approaches to people with the intention of entering into any arrangements which involve people making future payments for the benefit of charity, access to credit or other purposes – unless authorised by the Council.

This should be prohibited

This should not be prohibited

Don’t know

 

Additional comments?

The prohibition creates a criminal offence where one does not need to exist. If the behaviour of certain fundraisers causes concerns it can be dealt with using existing powers rather than creating new criminal offence.

No comment to make

Additional comments?

The prohibition creates a criminal offence where one does not need to exist. If the behaviour of certain fundraisers causes concerns it can be dealt with using existing powers rather than creating new criminal offence.

10. Loitering, standing around, touch or interfere with any parking equipment, in the Town Centre.

This should be prohibited

This should not be prohibited

Don’t know

No comment to make

Additional comments?

This prohibition creates a nebulous offence which could effectively criminalise someone for waiting in line for a parking ticket or even standing (or loitering) near a parking machine. This prohibition creates the potential to criminalise people unintentionally and unnecessarily for innocuous reasons.

Do you have any other general comments to make?

Many of these prohibitions are too wide-ranging, poorly constructed and nebulous in effect because they often simply replicate existing powers but with a much lower evidential threshold.

These prohibitions catch behaviours that are themselves innocuous and too often target highly  vulnerable people. Of particular concern are the clauses that ban people from sleeping in the town centre with or without tents and the clause that effectively bans people from busking. The clauses that create effective banning orders for being perceived as likely to cause annoyance are very open to misuse.

The order should either be re-written in a way that makes it far less nebulous and far-reaching or else abandoned altogether.