An outbreak of common sense..

An outbreak of common sense..

“…it was a handful of businesses trying to unfairly make things harder for buskers. They (Trafford Council Executive Committee) were of the view that if there is a problem busker, it should be dealt with reasonably and proportionately on a case by case basis and that in the main, the buskers are a welcome addition to the town who make it an enjoyable place to shop and socialise.”-Helen Grant. Strategic Manager:Crime and Antisocial Behaviour.

In March, thanks to local media, we became aware of a consultation on busking in Altrincham, to the south of Manchester. At first we were not aware of the exact nature of the proposals but they certainly included measures that would make busking in the town problematic and considerably reduce its viability as a destination for street performers. In particular a suggested ban on amplification and a time limit of an hour on any pitch stood out as pernicious, unworkable and unnecessary.

A public online consultation did take place, closing on 6th April, which a number of our supporters completed. However, as we know from experience, these are often loaded in favour of a particular outcome or simply ignored if the desired outcome is not produced.Keep Streets Live also made a submission as an organisation outlining the work we had done in York, Carlisle, Chester and others and suggesting we try and work out something similar as an alternative.

Fortunately we found a sympathetic ear in Helen Grant, who had been charged with overseeing the project. I was able to arrange a meeting on 18th May. It was a warm day and town was busy, so it was perfect for a bit of a busk and a wander round to get an idea of footfall, potential pitches, issues etc. We looked at various parts of the proposals and I was able to show how firstly they would deter decent buskers in the first place and secondly how they were not practical solutions to the ‘problems’ that the town was apparently experiencing.In many cases they would have forced buskers to use locations which were actually less suitable and more likely to cause disruption.

We were able to make some profound changes to the proposed code over the next couple of weeks to the point that KSL was happy to give our approval. Job well done so we thought..

However today I’ve received an email that the whole thing is to be scrapped as the Executive Committee feels the only ‘problem’ is the businesses that have been complaining and all that is needed is some common sense applied on a case by case basis.

#BeLikeTrafford

 

 

 

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.

Buskers Oppose Kensington Busking Bans

Buskers Oppose Kensington Busking Bans

Buskers’ group Keep Streets Live, along with the Musicians’ Union and Equity – have lodged a formal objection to Kensington & Chelsea’s draft Public Spaces Protection Order (PSPO).

The restrictions in iconic locations such as South Kensington’s ‘Museum District’, Portobello Road and outside Harrods will profoundly affect street performance in the borough, and in our professional opinion turn it into a ‘no-go’ zone for busking.

According to David Webster from the Musicians’ Union:

“The MU has grave concerns over the imposition of PSPO’s as proposed by Kensington and Chelsea. The livelihood of buskers is under threat – There is a workable solution provided for in the Busk in London scheme developed by The Mayor’s office and we urge RBK&C to engage with that.”

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

“PSPO’s are completely disproportionate as a way of dealing with public nuisance and they have the effect of criminalising perfectly legal busking which adds so much to the life of our towns and cities”

Chester Bingley, Director of Keep Streets Live who are organizing the campaign against the ban added:

“Home Office guidance is clear that these Orders should not be used to prevent reasonable busking and/or other forms of street entertainment.

Keep Streets Live have offered to discuss alternatives to this crackdown. We have worked with many Local Authorities across the country to introduce systems of guidance that are based on dialogue between buskers, businesses and residents, common sense and co-operation, whilst supporting robust enforcement action when necessary.

The proposed PSPO will not only cause hardship to those who make a living performing in the area, but will substantially reduce its appeal as a vibrant tourist destination. “

The groups are planning a number of days of action (including music, leafleting, and a petition) to highlight the contents of the PSPO, raise awareness of its impact, and persuade RBKC that the proposal is both undesirable and unworkable.

RBKC PSPO Consultation is open until 7th June.