Busking Voluntary Guide Consultation

Overview

Thank you for taking time to consider our proposed busking guide for the City. Your thoughts are valuable to us in ensuring we take the right approach in the city which allows all to enjoy busking (and other street entertainment) and ensures any potential negative impacts are minimised. The approach is very much about all those within a public space being responsible for their actions and being mindful of any impacts their activities can have on others.

This guide is designed to help everyone in the public space to work, live and interact in a positive way.

Why do we need a guide?

There has been a rise in the number and variety of busking acts we see in Birmingham and with some acts a rise in the negative impacts they have had on the public, businesses and residents of the city. This is mainly around noise – both in terms of volume and the duration of performances.

In 2015, the council consulted on a blanket control for much of the street entertainment via a Public Space Protection Order, but the overwhelming response to the public consultation was not in favour of such a step.

The only option we can see open to the Council is to look at the impacts caused by some individual buskers rather than the collective, i.e. if an individual is acting in an anti-social manner, the Council can require them to modify their behaviour so it does not impact negatively upon others. 

Examples of measures the Council could take under this new approach include requiring a performer to play more quietly, requiring them not to remain outside the same business all day and not to repetitively play the same tune.

Prior to using any powers it is necessary to be clear (to buskers, residents and businesses) what is expected and what is deemed to be reasonable behaviour.  The voluntary guides are exactly that.  If someone wishes to perform they should clearly understand what is likely to be deemed acceptable.  If entertainers stray from these guidelines and cause complaints then there is a clear and fair hierarchy of interventions, from informally asking a performer to make a reasonable change to their act all the way to prosecution.

The Busking and Street Entertainment in Birmingham City Centre guide can be found at www.birmingham.gov.uk/streetentertainment

Why your views matter

Background to the busking voluntary guide

1. There are no simple controls for busking as it is not illegal.
2. Outside of London, there is no current legislation that allows councils to regulate the act of busking through licensing, authorisation or permit schemes. The London Act allows London councils to regulate busking through a licensing scheme. The Licensing Act 2003 cannot be used to control busking as under this Act busking is not a licensable activity.
3. The guide is a means to foster a sense of community in our public spaces where self-regulation of the public space is key. Enforcing agencies are only present when situations or behaviours arise that cannot be overcome through reasonable interactions within the community.
4. Where people conduct themselves in public in a manner that can be described as anti-social, then there are provisions to require people to amend their behaviour. Negative impacts arising from the act of busking are covered by UK legislation.
5. This document has been produced in conjunction with a number of agencies – Musicians union, Equity, Keep streets live and a number of the Business Improvement Districts around the city centre.
6. This guide is part of a suite of public realm guides which will be also put forward for consultation in the very near future.

What happens next

results will be fedback to the management team and a decision will be made on what action/s will be taken if necessary.