York welcomes buskers with new guidance designed to promote harmony on the streets

York welcomes buskers with new guidance designed to promote harmony on the streets

York City Council have followed on from Liverpool to become the second major UK city to adopt new collaborative guidelines for busking. The Council worked closely with the local busking community, the Musician’s Union, the Keep Streets Live Campaign and local businesses to produce a document designed to encourage and welcome buskers from all over the world.

You can read an online version of ‘A Guide to Busking in York’ by clicking on the following link: A Guide to Busking in York-print artwork

Busking in York

 

‘A Guide to Busking in York’ is very different in tone and content from busking policies in many UK towns and cities, which all too often see busking as a potential problem to be managed and restricted, rather than as a grassroots cultural activity to be celebrated. York’s new approach recognises that the busking tradition is characterised by informality, spontaneity and democratic access to public space. The new guidelines replace a cumbersome and coercive regime where the local authority used to charge buskers for permits and hold auditions. Once upon a time, buskers without permits were moved on and many would-be performers were turned away because the system of obtaining a license and attending an audition put people off from coming to York to perform. Until an online petition was started by the Keep Streets Live Campaign. It was signed by over 4000 people and called on York to scrap their restrictive policy and work with the busking community to produce new guidance. The new guidelines are the result of that successful campaign and replaces the old permit and audition system.

Now, no ‘license’, ‘permit’ or audition is required to busk in York. Instead, ‘A Guide to Busking In York’ sets out some simple principles for buskers based upon common sense, consideration and good will. The guidance also sets out practical steps for resolving potential issues between buskers and others who share public space in the city before problems have a chance to escalate. This new approach safeguards spontaneity, whilst allowing appropriate action to be taken whenever issues do arise.

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York have also taken the welcome step of publishing a condensed guidance document aimed specifically at city centre businesses and residents to help them resolve any busking-related issues amicably and to explain the busking guidance clearly. It asks those who may have an issue with a busking performance to politely speak to the busker themselves and reach a compromise before making a formal complaint. Most situations can be resolved in this way. For those that can’t be, a council officer will attend and assess the situation. If the busker is deemed to be at fault and the issue persists then the busker can ultimately face enforcement action but this will only ever be as a last resort. You can follow this link to see an online copy of the guidance document aimed at businesses: York Busking Guidance businesses – final

York’s new guidance for busking further enhances its deserved reputation as one of the UK’s leading cultural cities. Importantly, the new policy safeguards the spontaneity and informality that are key to the busking tradition, which will help to attract high quality busking acts from all over the world and animate the city’s streets. The new guidelines have removed unnecessary and costly bureaucracy and stand in direct contrast to regressive approaches in other places, such as: Camden’s coercive license regime and Oxford City Council’s ill-thought out proposals to use draconian ‘Public Space Protection Orders’ to criminalise ‘non-compliant’ buskers.

By drawing up busking guidance alongside the Musician’s Union, Equity, the Keep Streets Live Campaign, local buskers and businesses, York Council have pioneered a radically different, collaborative approach to the oversight of street culture, setting a high standard for cultural policy that other towns and cities in the UK and beyond would do well to follow.

 

 

 

 

Busking and Public Space Protection Orders

Busking and Public Space Protection Orders

The Keep Streets Live Campaign is a not for profit organisation that advocates for public spaces that are open to informal offerings of art and music. We are concerned that the provisions in the Antisocial Behaviour, Crime and Policing Act 2014 for local authorities to apply for Public Spaces Protection Orders to restrict ‘activities that carried out within the authorities area which have a detrimental effect on the quality of life of those in the locality’ could easily be used to target buskers. The ‘reasonable grounds’ for introducing these new powers are so wide-ranging, all-encompassing and open to subjective interpretation that they might well be used to target informal performances of art and music on the grounds that some people don’t like buskers and find them annoying. In a House of Lords debate on January 21st Lord Clement-Jones, author of the Live Music Act 2012, sought reassurances from the government that the new legislation would not be used in an over-zealous way against musicians and street artists. Lord Clement-Jones asked ‘will local authorities ensure that these powers are exercised with proper consideration of the balance between freedom of expression and respect for private and family life, and will also point out the considerable existing body of nuisance and noise-abatement powers which local authorities already have to hand? Should we not be encouraging rather than discouraging busking, which is such an important part of our urban culture?’ The government response from Lord Taylor of Holbeach was that the legislation is aimed at ‘the antisocial minority who give street performers a bad name’. However, given that there is no requirement for judicial pre-authorisation for these new powers, they are wide open to abuse and the problems of differentiating between ‘the antisocial minority’ and ‘genuine performers’ are manifold.

 

In Birmingham buskers have been given letters stating that from October 2014 the police and local authority can apply for PSPOs against buskers and implying that these powers will be used if buskers don’t sign up to an extensive range of restrictions such as auditions, pre-booking only authorised spots and strict time limits on pitches. In this way PSPOs become a covert way of restricting freedom of expression under the pretense of protecting the quality of life of those in the locality. In reality local authorities have an enormous range of existing statutory powers which can be used to target noise nuisance and antisocial behaviour such as the Environmental Protection Act 1990 and the Public Order 1986. These new, additional powers have great potential for abuse and misuse and will need to be closely scrutinised in their application and challenged when necessary to ensure that vitally important civic and cultural freedoms are not lost with all the adverse implications for a free and democratic society.