Published by The Guardian by the Press Association on 11 March 2014.

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Judge says policy introducing fines of up to £1,000 for busking without a licence is ‘necessary and proportionate’

New licensing restrictions on buskers in Camden have been declared lawful by the high court.

Comedians Mark Thomas and Bill Bailey and musician Billy Bragg are among celebrities who took to the streets to protest over the restrictions being introduced by the council in the north London borough after noise complaints by local residents.

Busking without a licence is to become a criminal offence in Camden, punishable with fines of up to £1,000.

Bragg, who spent his early career busking around London, said licensing would hurt a fundamental aspect of UK culture.

But Mrs Justice Patterson, sitting in London, ruled on Tuesday that Camden council had adopted a policy that was “both necessary and a proportionate response to the issue of busking”.

The ruling was a defeat for the Keeping Streets Live Campaign, which was ordered to pay £7,500 in legal costs.

David Wolfe QC, appearing for the campaign group, asked for permission to appeal, arguing that the ruling raised important legal issues and would have an impact on street entertainment across London.

The judge refused permission, which means the campaigners will now have to consider asking the court of appeal itself to hear their case.

The legal challenge was against a Camden council decision on 11 November last year to adopt part V of the London Local Authorities Act 2000 and approve a street entertainment policy for licensing in its area.

Licensing restrictions, which include a curfew, were due to be imposed for the first time last month, but the council agreed to await the outcome of the legal challenge before going ahead.

It is proposed that licences can be obtained on “standard conditions” for a 12-month period at a fee of £19. They can only be used by solo or dual performers.

The conditions restrict hours of performing from 10am-9pm, and also restrict the use of certain types of instruments, such as drums, wind instruments and the use of sound amplification.

A special busking licence is available for £47 where a performer wants a change in the standard conditions.

As well as implementing a fine, officials can confiscate instruments.

The judge said, when the question of licensing was debated, council members expressed divergent views, with some saying it was a significant benefit to the local economy while others regarded it as a significant problem for local residents, who particularly took issue with noise from amplifiers and drums.

Ruling the licensing regime lawful, the judge rejected accusations that the definition of busking was too wide in the policy and likely to cause confusion, and there was lack of evidence of a problem justifying the “draconian” step.

She also dismissed claims that the policy was disproportionate and breached the human rights of buskers.

The judge said the council had striven to adopt a policy “which holds the ring between promoting economic growth through fostering dynamic busking activity across the borough – but balancing that with the requirements of its residents and other economic activity which contributes to the well-being of Camden.

“It has done so in a way which, in my judgment, is lawful.”

Asking for permission to appeal, Wolfe said: “This is a case where there is a wider interest in granting permission. Not only does it affect Camden, but a lot of what your ladyship said has a wider impact potentially across the whole of London.”

After permission was refused, Rosa Curling, a human rights lawyer with solicitors Leigh Day representing Keep Streets Live Campaign, said: “We will now seek permission to take this decision to the court of appeal.

“The council’s draconian licensing policy is unnecessary, unlawful and threatens the very essence of what makes Camden such an important cultural space.”

Jonny Walker, founding director of Keep Streets Live Campaign Limited, said: “We are disappointed with Mrs Justice Patterson’s decision and will now seek to have this case heard by the court of appeal.”