Jonny: Statement

Jonny: Statement

As a family we have been processing the circumstances surrounding Jonathan’s death for the past 8 months. We are aware that the conclusion of today’s inquest may be extremely difficult news for those of you who knew and loved him.

Jonathan had battled through a very difficult 18 months in his personal life prior to his death and we as a family remain extremely proud of the dignified and courageous manner in which he conducted himself throughout that time. Jonathan was a dearly loved son and brother, a passionate advocate and activist with a brilliant mind, a talented and gifted musician, a gentle yet formidable spirit and a devoted and loving father. It is for these qualities, that we as a family will remember Jonathan and it is our hope that everyone who knew and loved him will do the same.
This will be the only statement that we will be releasing and we thank you for continuing to respect our privacy as we grieve.

For anyone needing to speak with someone in response to today’s news we would encourage you to access support. Help is available from:
Leeds Survival-Led Crisis Service– https://www.lslcs.org.uk
CALM (Campaign Against Living Miserably) – https://www.thecalmzone.net
Samaritans – https://www.samaritans.org

In the meantime we want to express our deep gratitude for the wonderful support we have received during this difficult time from countless people who loved Jonathan and his children and who continue to love and support us.

Thank you.
John, Michele, Sarah & Michael

Protest Nottingham PSPO

Protest Nottingham PSPO

Buskers’ rights groups – led by the Keep Streets Live campaign, along with the MusiciansUnion and Equity – have lodged a formal objection to Nottingham City Council’s draft Public Spaces Protection Order (PSPO).

The groups say that the proposals will criminalise street performance across almost the entire city centre, regardless of whether any disturbance or nuisance is actually being caused.

Keep Streets Live has proposed an alternative route– a system of busking guidance now successfully adopted by several dozen towns and cities across the UK, including Liverpool, York and Birmingham. But so far we have received nothing from the council other than an offer to monitor the PSPO once it has been put in place. We are disappointed that it seems a decision has already been made, despite objections from both local buskers and national professional bodies.

In response to the draft PSPO, Stephen Brown, Musicians’ Union Midlands regional organiser said:

“The MU has a clearly defined policy agreed by our membership to ensure that busking remains a vibrant, spontaneous and attractive cultural offer. Our approach is inclusive, encourages working with stakeholders in a positive way, but does not hinder local authorities from taking action on genuine nuisance. Cities imposing PSPOs as a solution to what they perceive as busking generated issues clearly misunderstand busking and are using a sledge hammer to crack a nut. I’d advise Nottingham City Council to step back from the brink, and work with organisations like the MU and Keep Streets Live to avoid alienating sections of its own community and suppressing well-established cultural liberty and freedoms.”

Tim Clement-Jones, a Lib Dem peer and prominent live music campaigner, said:

“Busking is vital for bringing cities to life and developing local musical talent. In the recent PSPO Statutory Guidance the government made it clear that busking should not be unduly restricted. I urge Nottingham City Council to reconsider these restrictive and unnecessary proposals.”

Keep Streets Live director Chester Bingley added:

“Considering that even the Antisocial Behaviour team has described problems with busking as only occurring ‘occasionally’, a PSPO seems vastly disproportionate and would certainly be open to a legal challenge. We question why these occasional problems cannot be dealt with firstly by simple dialogue, and then if necessary using existing legislation that targets the individuals concerned rather than inflicts collective punishment on all performers.”

The buskers’ groups are working with the Manifesto Club, which has also raised objections to the parts of the Nottingham PSPO that restrict leafleting, charity collection, and begging. In a submission to Nottingham council, the group said that these measures will ‘do great damage to the citys lively culture of political organisations and charitable causes – as well as making it impossible for homeless people to make money in order to eat.’ Manifesto Club response to Nottingham PSPO

The groups are planning a day of action (including music, leafleting, and a petition) to highlight the contents of the PSPO, raise awareness of its impact, and persuade the police and council that a genuine and active consultation should take place.

Open Letter to Oxford’s ruling Labour Group against their coercive busking policy

Open Letter to Oxford’s ruling Labour Group against their coercive busking policy
Keep Streets Live is Campaigning Against Oxford Council’s plans to make ‘noncompliant busking’ a criminal offence 
Join our all day protest against Oxford’s coercive Public Space Protection Order tomorrow from 12pm outside Pret a Manger on Cornmarket:
https://www.facebook.com/events/749538838499756/752236524896654/
Sign our petition calling on Oxford to abandon its plans to criminalise buskers:
https://www.change.org/p/oxford-city-council-stop-attacking-our-freedoms-support-a-vibrant-street-culture-in-oxford
The following is an open letter to Oxford’s political leaders responding to their justification of the coercive busking policy:
 
Dear Oxford Councillors,
I have sent this message to Councillor Sinclair but feel its contents are very important and relevant to the political and cultural life of Oxford as a whole and deserve to be read by all the elected representatives at the Council
I had a useful and productive meeting with several Oxford Council Officers in April facilitated by Councillor David Thomas of the Green group at which I was able to clearly explain our position as a campaign group and why Oxford’s proposed course of action to target a Public Space Protection Order against ‘noncompliant’ buskers is so problematic. I had hoped that this meeting would help Oxford understand why the course of action they had proposed was disproportionate and contentious and that it would be quietly dropped as the plans to criminalise rough sleeping and feeding pigeons have already been put aside. We have also demonstrated a clear and workable alternative approach, a guide to busking in York drawn up by buskers, businesses and the local authority working together and targeting enforcement action against the small minority of buskers who cause genuine issues. I am attaching two PDFs of York’s policy, one aimed specially at businesses who might have issues with buskers, and one aimed more generally at buskers and others who use public space. I hope you all get the chance to scrutinise these documents carefully.
May I firstly say that I am willing to accept that the PSPO proposal although clearly misguided, is at least well-intentioned. Oxford is a wonderful city in which to busk and some form of oversight is clearly necessary. It is also clear that enforcement powers are needed as a last resort for nuisance caused by busking.
However, the proposals to make ‘noncompliant’ busking a criminal offence by implementing a PSPO go way beyond what is necessary and proportionate for the oversight of busking and , ironically, represent a real threat to the cultural and civic life of Oxford’s public spaces.
That is why, tomorrow, I will be helping to lead a day long multi-location protest busk against Oxford’s PSPO proposals to invite the Labour group and the responsible officers to rethink these damaging proposals. We will be on Cornmarket from 12pm onwards and if any elected members wish to come and speak to us we would be very happy to explain our position. Here is the Facebook event to the protest:
https://www.facebook.com/events/749538838499756/752236524896654/
Quite simply, the proposed PSPO has the effect of turning an already restrictive busking code of conduct into criminal law and will thereby create a catalogue of entirely arbitrary new ‘criminal’ offences.
Oxford’s claims that existing powers are inadequate are misleading and inaccurate.
Oxford City Council already has legal powers to take action against buskers who are causing a noise nuisance and obstruction. Under the Environmental Protection Act 1990 it is a criminal offence to cause noise nuisance and the local authority can issue noise abatement notices against buskers and even confiscate musical instruments.
Likewise, under the Highways Act 1980 it is an offence to cause an obstruction on the highway, and any busker who does so can face enforcement action and punitive fines
Oxford’s existing code of conduct for busking is already highly restrictive and the proposal to introduce PSPO powers to underpin it will lead to arbitrary outcomes.
Oxford only ‘allow’ busking in eight official locations. Under the PSPO it will be a criminal offence to busk anywhere else, even if no obstruction is being caused. This creates an arbitrary criminal offence. In reality there are many more than eight places in the city where busking could be carried out without causing an issue.
Oxford only allow people to busk for one hour in one place and say no return is allowed to that spot within two hours. This treats a grassroots cultural activity which brings life and colour to the city centre as if it were car parking. A busker with a large repertoire of songs, played at a responsible and reasonable level can busk for longer than one hour without causing any issues whatsoever. Under Oxford’s PSPO proposal it will be a criminal offence to busk for 65 minutes, even if no nuisance has been caused, no complaints have been received and no one is waiting for a busking pitch. Once again this is in an entirely arbitrary outcome which undermines respect for the rule of law and is completely disproportionate.
‘A Guide to Busking in York’ is a collaborative document agreed between the busking community, Musician’s Union, Keep Streets Live Campaign, local authority and local businesses in that historic city over a period of 6 months of discussions. It is a clear alternative approach to the course of action Oxford propose. It has also been presented to Oxford’s ruling Labour group and senior officers within the council. It is designed to build good relationships between people who use the streets and provides a dispute resolution mechanism for people who have complaints about buskers. Importantly, enforcement action will only be taken as a last resort against buskers who are causing a specific issue such as noise nuisance or obstruction and who have refused reasonable requests to amend their performances. Unlike Oxford’s PSPO proposal a busker would not face a criminal record just because they had played in the wrong spot or for longer than one hour. There would have to be a justified reason for taking enforcement action. This has the advantage of being both fair and sensible in light of the costs of taking enforcement action and the relatively scarce resources available to the council. You can see York’s busking guidance at this link: http://keepstreetslive.com/articles/2015/05/1301
including a special four page document aimed at city centre businesses. It is a clear alternative to the proposals Oxford Council have put forward.
Oxford make the spurious claim that they need to introduce a PSPO because they have no existing powers of enforcement. I have already shown that this is demonstrably untrue and that the Environmental Protection Act 1990 and Highways Act 1980 give scope for enforcement against noise nuisance and obstruction. Additionally, since October 2014 under the Antisocial Behaviour Crime and Policing Act 2014 (The same act that contains PSPOs) the council now have the power to issue Community Protection Notices (CPNs) against any individual whose behaviour is a) unreasonable and b) having a detrimental effect on the quality of life of those in the vicinity. The breach of a CPN is a criminal offence and can lead to the seizure of musical instruments and punitive fines. CPNs could be issued to any busker whose conduct was deemed to be unreasonable and having an adverse affect on the quality of life of those within the vicinity. It is impossible to imagine a situation arising from busking where a CPN or the other pieces of legislation already mentioned would be inadequate. The advantage of a CPN over the PSPO is firstly that is targeted against individuals rather than buskers as a group, and secondly that it is more difficult to issue arbitrarily. A busker could not get given a CPN just for busking in the wrong spot for the wrong length of time unless they were actually causing a significant issue. Under the PSPO legislation a busker could be fined and criminalised even if they were causing no issue to any person. This is an arbitrary outcome that undermines respect for the rule of law and will create an unnecessary relationship of antagonism between Oxford’s civic officers and the busking community. It will also out many buskers and musicians off from travelling to Oxford in the first place and create a more routinised, sanitised and duller public realm which cannot be good for the city.
In short, there are many good alternatives to the PSPO approach, and many good reasons why the PSPO should not be adopted. The only remaining reason why Oxford might consider adopting the PSPO are because a) It creates a summary power to use against buskers which appears to be administratively convenient to do b) There is no requirement to produce evidence that a busker has caused an issue, buskers can be given a £100 fine just for playing in the wrong spot or for longer than 60 minutes which is less difficult than proving that a busker has been unreasonable and is causing a genuine issue.
The PSPO is a disproportionate and unjustified response to the issue of busking. We call upon Oxford City Council to drop these contentious proposals and to open a genuine dialogue with the busking community, local businesses, Musician’s Union and the Keep Streets Live Campaign and to introduce guidance promotes harmony and good will and does not create arbitrary criminal offences to the great detriment of the civic and cultural life of the city of Oxford.
Kind regards,
Jonny Walker
Founding Director of Keep Streets Live Campaign
http://keepstreetslive.com
http://jonnywalker.co.uk
http://facebook.com/jonnysongs

This was Oxford City Council's official response to our petition:

Oxford City Council encourages busking in the city centre. It adds a great deal to the vibrant and exciting city centre experience that we all know and love.

For the last decade, the City Council has had a Code of Practice that buskers are asked to agree to observe when they obtain a busking permit from the Council. to observe when they obtain a busking permit from the Council.

The Code includes:

– Not busking for more than 60 minutes in one place
– Not obstructing the highway
– Using amplification responsibly and maintaining a reasonable volume

The aim of the Code has always been to create a level playing field for all buskers and to stop any nuisance to everyone else who uses the city centre

– traders, local residents and visitors.
We currently have no legal power to enforce this Code of Practice and have received complaints from traders, in particular, about buskers playing loudly and for long periods of time outside their shops, which is not fair to them.

The Public Spaces Protection Order (PSPO) has been proposed in order to provide a legal power to take action against busking which leads to complaints from the public. In all cases, buskers will be asked to conform to the Code before any enforcement measures are used.

The PSPO will allow the Police or designated Council officers to issue a £100 fine or, in the most extreme of cases, to take the person to court, which could result in a maximum fine of £1,000.

But the Order will also remove the current requirement to obtain a permit before busking. After the PSPO has been introduced, people wishing to busk will be able to do so without contacting us in any way. All they will need to do is adhere to the existing Code of Practice.

The measures proposed will therefore have no impact on the vast majority of buskers and will in fact make it easier for musicians to busk in Oxford city centre. We think the measures will help to improve the liveliness of the city centre.


Posted on May 20, 2015