2020 Directors’ Report

2020 Directors’ Report

Keep Streets Live Campaign (KSL) is a small, performer-led campaign organisation which advocates for public spaces which are open to informal offerings of art and music and opposes the criminalisation of street culture. Much of KSL’s work in recent years has centred on challenging the misuse of Public Space Protection Orders (PSPOs) which are being used to criminalise a wide range of everyday activities. We are working alongside other groups like Liberty and the Manifesto Club to seek changes to this legislation. 

 

KSL grew out of a grassroots movement, and the not-for-profit company limited by guarantee was set up in December 2013 to support the work of the movement. Much of the day to day work of the company is undertaken in an unpaid capacity by professional buskers, supported by a board of volunteer Directors and a small number of other volunteers.

 

The pandemic dominated much of KSL’s work in 2020. During the year, we publicised the sections of the Coronavirus Act that supported the rights of buskers to continue working. KSL also published guidance for how to remain safe while busking, minimising the risk to both the performer and their audiences. Whenever we heard of councils harassing buskers who were performing safely and legally, we used this guidance as a way of explaining that buskers could continue to work.

 

Our meetings went online as opposed to in-person, while plans for workshops on busking open to all, similar to that which we ran in Manchester in 2019, were delayed on account of the restrictions in place. The same was true of a planned event to launch the successfully negotiated new guidance for Carlisle. We hope to move forward with more ‘live’ events as they become possible again.

 

A new page was set up on KSL social media, dedicated entirely to streaming videos of buskers performing online. Donations were encouraged, and this helped to increase the reach of KSL, as well as providing a vital platform for the buskers who got involved.

 

Other ongoing relationships continued:

  • Liverpool recently published new guidance for busking that avoided introducing any new legislation. KSL represented the interests of buskers throughout and played a key role in developing the guidance, which we feel is a victory for responsible busking.
  • The Westminster campaign picked up pace throughout 2020. Though ultimately unsuccessful in our goal of preventing the new licensing scheme, KSL have been instrumental in bringing together a coalition of street performers who have stood united against the proposals, and continue to fight the licence on the ground. The campaign received a good level of attention in the press, including stories in national publications such as Vice and the Telegraph, with involvement from celebrities such as Eddie Izzard.
  • Peterborough council removed the busking element to their PSPO after pressure from KSL and the local Green Party.
  • Chester Council remain actively engaged with KSL and are keen to put forward guidance that we are happy to put our name to.

 

KSL have also been involved with the ongoing organisation of concerts at Rainbow Junktion and Left Bank, both organisations with a strong sense of social consciousness and community, which fits nicely with the ethos of KSL.

 

Our focus in 2021 will be to continue advocating against the introduction of new legislation against buskers; resuming live events and workshops wherever possible; and campaigning against the increase in privately owned pseudo-public spaces as a way of preventing street performers from working.

 

Directors during 2020:

Weybourne Chester BINGLEY

Nicola Jane HAMBRIDGE

David Michael Simon GRAY

Rev John Howard WALKER

Sarah Michele WALKER

Eryl WHITELEY 

Is busking allowed during lockdown?

Is busking allowed during lockdown?

“The law states that: “If you cannot work from home you should continue to travel to your workplace… You do not need to be classed as a critical worker to go to work if you cannot work from home.”

Our understanding is that, as long as a crowd is not being drawn and social distancing remains possible, busking is allowed under the current guidelines.

We would strongly encourage street performers to maintain social distancing and take measures to ensure their workplace is Covid-safe

IT IS NOT UNLAWFUL TO BUSK DURING LOCKDOWN

Below are some bite sized chunks of law and guidance to help you make things clear to those who challenge your right to work.

THE LAW (CORONAVIRUS REGULATIONS)

Restrictions on movement

6.—(1) During the emergency period, no person may leave the place where they are living without reasonable excuse.

(2) For the purposes of paragraph (1), a reasonable excuse includes the need

(f)to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living;

GOVERNMENT GUIDANCE

If you do leave home for a permitted reason, you should always stay in your local area – unless it is necessary to go further, for example to go to work.

You can only leave home for work purposes where it is unreasonable for you to do your job from home. This includes, but is not limited to, people who work within critical national infrastructure, construction or manufacturing that require in-person attendance.

You do not need to be classed as a critical worker to go to work if you cannot work from home.

You are allowed to stay overnight away from your home if you… require accommodation for work purposes or to provide voluntary services.

HOUSE OF COMMONS LIBRARY REPORT: ENFORCING RESTRICTIONS

The police have a range of powers they can use to enforce coronavirus restriction regulations. They can only use these powers in response to a public health need.

Differences between Government information and legal restrictions caused confusion about how the lockdown should be enforced… officers have sometimes (wrongly) enforced guidance rather than the law.

STAYING LOCAL: GUIDANCE NOT LAW EXPLAINED BY HUMBERSIDE ASSISTANT CHIEF CONSTABLE

You can travel from the other end of the country to Cleethorpes or wherever in our area so long as you have a reasonable excuse. Not being local is not a reason we can give an FPN for. Fact. You don’t need to be local so having to define it is not relevant.

The issue is, do you have a reasonable excuse for being out and that can apply to someone from Hull or Grimsby or Bradford or London.

There is a real difference in what you can and should do but as long as you have a reasonable excuse you are allowed to leave your house.

You can travel to where you want for exercise but whether it is wise… Doing something unwise doesn’t make it illegal.

Making a complaint to police.

This incident provides a handy example of how to make a complaint to police when mistreated under lockdown laws.
“I was approached by an officer (2377) today whilst working as a busker in Norton, who insisted I move on under the Coronavirus regulations as he claimed my work was ‘non-essential’ and threatened me with a Fixed Penalty Notice.
I politely tried to explain to him that you can leave home for work purposes “where it is not reasonably possible for that person to work, or provide those services” from home according to the law itself.
In addition the guidance to the law clarifies that “The government is NOT saying that only people doing ‘essential’ work can go to work. ANYONE who cannot work from home can still go to work” This seems abundantly clear.
A statement from my union, the Musicians’ Union, in line with government authorities says “busking is allowed for work purposes as long as it is not encouraging mass crowds. Audiences will need to adhere to the appropriate social distancing guidelines.”
There was no crowd, no issue of social distancing, and there had also been no complaints about the nature of my performance.
The officer was abrasive in nature and refused to listen to what I was saying, despite having screenshots of the above information on my phone. He claimed that what I was saying was my ‘opinion’ or ‘interpretation’ despite the fact that I was reading the law and guidance word for word.
He talked over me constantly and insisted I “show some respect’ and wait until he had finished then once he had and I took my turn to speak he walked away from me and turned his back, before returning to reiterate that he would take enforcement action if I didn’t move on.
I am concerned that police officers are unaware of the true content of the Coronavirus regulations. Even when presented with the exact wording from the government’s own website this officer chose to ignore it and insist on his own interpretation.
Although I am repeating myself I would like to emphasise that the government guidance does not distinguish between essential and non-essential work. You can go to work where it is ‘unreasonable to do your job from home’. Clearly, as a self-employed street musician, it is not possible for me to do this from home.”