Response for Discussion – February 2020 BUSKING AND STREET ENTERTAINMENT CONSULTATION Issue: Busking and Street Entertainment in Westminster Outcome: Develop an agreed position with members for submission Submission date: 24th February SUMMARY Westminster City Council has launched for consultation a new Draft Policy to regulate and manage Busking and Street Entertainment in Westminster. The policy sets out a Westminster-wide voluntary Code of Conduct that seeks to ensure buskers are considerate of the local community and those sharing the public space. The draft policy encourages buskers in Covent Garden to join the Street Performers Association (SPA), supports the creation of an SPA for Trafalgar Square and Leicester Square, and designates 8 dedicated pitches as the only sites appropriate for busking within four highlighted areas on Oxford Street, Piccadilly Circus, Chinatown and Leicester Square as well as locations where they deem the playing of amplified music acceptable or unacceptable. The draft voluntary Code of Conduct is established on 7 principles: • Safety first – ensuring buskers have public liability insurance preventing trip hazards etc. • Performance hours – limiting these to 10am to 9pm in most areas. • Avoid creating a nuisance – regarding sound not being heard by nearby premises, limitations on amplifications, music, proximity to other buskers and breaks between performances • Don’t cause an obstruction – defining the distance by which people should be able to get past and managing audiences • Cooperation with Authorised Officers and the Police – mandating buskers to cooperate with authorities. • Merchandise – which can only be sold with a street trading licence and in regulated areas / if people are members of SPAs in those areas. • Talk to the council and local community, and use the Forum – encouraging buskers to join the Busking and Street Entertainment Forum which will meet with the council on a 6-monthly basis The policy also commits to a full review after 12 months of operation – although it is worth noting that the policy was launched for consultation by Cllr Ian Adams, who has since been replaced as Cabinet Member with responsibility for busking and licensing, by Cllr Heather Acton. Leicester Square The drive in Leicester Square is to encourage performers to self-regulate and join the new Westminster (Leicester Square and Trafalgar Square) Street Performers Associations. Page 1 of 10 In the case of Leicester Square, as well as being encouraged to join the Westminster SPA, performers will need a licence to perform in one of the two designated pitch areas. The north-west pitch is designated as inappropriate for amplified noise, whilst the north-east pitch is deemed appropriate. No specific reasons have been given for why some sites are deemed suitable for amplification and others are not. Piccadilly Circus Piccadilly Circus is within the proposed Busking and Street Entertainment Regulation Area (below) with 2 pitches identified as acceptable – at the Anteros Statue and Glasshouse Street. Busking and Street Entertainment Regulation Areas The centerpiece of the Policy is the designation of four areas where competition is considered to be greatest and there is the greatest footfall and potential risk to public safety (Oxford Street – 3 pitches, Piccadilly Circus – 2 pitches, Chinatown – 1 pitch, and Leicester Square – 2 pitches) and so designates a total of 8 pitches across these areas, where busking will only be permitted if: • Buskers are on a designated pitch • Buskers have a licence to perform at any of the pitches • Buskers are acting in according with the busking and street entertainment licence terms and conditions CONSULTATION QUESTIONS To what extent do you agree or disagree that our policy approach strikes the right balance between supporting busking and street entertainment, whilst protecting those who are affected by it? Strongly disagree 1. Heart of London Business Alliance is the catalyst for positive change in London’s West End, representing over 600 businesses and property owners. Our purpose is to support the commercial and cultural wellbeing of our members of the businesses and organisations we represent, and ensure our area remains integral to London’s offer as a place for people to visit, live, trade and work. 2. Heart of London welcomes the City Council’s intent to move forward on the issue of street performance and busking, as well as the commitment to introducing a licensing regime. The effects of these activities on our members have been – and continue to be – acute. We are therefore fully supportive of instituting an effective regulatory regime for these activities. We welcome the opportunity to feedback on the policy and have encouraged our members to respond individually to ensure the views of as many of the businesses affected are taken into consideration. We look forward to taking part in the review of the pilot and contributing to the development of the Policy. 3. We welcome the positive direction of travel and the opportunity the pilot offers. However, we do not believe the right balance has been achieved between supporting busking and street entertainment whilst protecting those who are affected by it. As a result, will only lead to a continuation of the status quo, which suffers from ambiguities and a lack of adequate enforcement. Page 2 of 10 4. Street performance is part of London’s unique character, cementing its status as a global city and part of its cultural capital. However, as acknowledged in the Policy, this must be balanced against the needs of other users of the public realm as well as those affected by activities that take place within it. This means there must be a comprehensive Policy in place that provides absolute clarity on the specifics of how these interests will be balanced – from precisely what constitutes a violation of the Policy (as should be reflected in the Licensing Conditions) through to the specifics of how it will be managed and how it will be enforced. The proposed Policy fails to do this. The Policy Principles 5. Firstly, the principles underpinning the proposals will not address the harm currently caused by the activities under consideration. Ultimately, the Policy still relies on self-regulation, a voluntary Code of Conduct and the tort of ‘nuisance’ as the test for when there are grounds for enforcement, which is effectively no departure from the current situation. Therefore, the proposals do not remedy the harm caused to our members who are continually, and adversely, affected by street performers. 6. Rather, there is a gap between the Code of Conduct and what is actually enforceable through the Licensing Conditions. For instance, not to specify noise levels within the Conditions yet provide guidance within the Code will lead to a continuation of the current ambiguity, which does not allow for effective enforcement. This is further illustrated by the guidance given in the Code surrounding the selling and/or giving away of merchandise. Here, the granting of a 6 month Temporary Trading Licence is reliant on the applicant being a holder of a Busking and Street Entertainment Licence within the regulated areas, yet no mention is made within the Conditions of revocation of the Busking and Street Entertainment Licence should merchandise be sold without a trading licence. 7. The greater emphasis on self-regulation and encouraging street performers to join a voluntary Code of Conduct is particularly disappointing, given there are already a number of SPAs in place, many of which are not fit-for-purpose, such as in Leicester Square and Piccadilly Circus, as well as the acknowledged failures of the Busk in London initiative where it has become clear that self-regulation only works for established performers, rather than short-term operators who are less sensitive to issues of public safety. These initiatives have demonstrated that self-regulation does not work and therefore should not be included in the Policy. 8. The introduction of a licensing regime presents an opportunity to provide much-needed clarity for both the performers and those affected by them, as well as to ensure a fair system across the borough. As the Policy stands, we are concerned that the lack of alignment between the Code of Conduct and the Licensing Conditions will not just be a continuation of the present confusion but may in fact add to it. Designated Zones 9. Whilst we welcome regulating the activities under consideration, we are concerned that the inconsistencies between the zones will lead to negative effects for the borough. Page 3 of 10 10. We are concerned that the zones are too narrowly drawn, will create a confusing patchwork of initiatives and approaches, and could easily lead to displacement into neighbouring areas. By taking a stronger line across the four named areas, little thought appears to have been given as to the risk of displacement into other neighbouring streets, particularly of performers who are not licensed, and into areas that are less appropriate for street performance or other areas of high footfall. 11. Beyond displacement, the effect of these inconsistencies is that those affected by the performances will not have recourse to the same remedies. As the Policy stands, there is a tiered system to enforcement, and therefore remedy for the complainant, that is purely location based with those in the Oxford Street, Piccadilly Circus, Chinatown and Leicester Square zones being afforded rights that others in the borough are not. For the Policy to strike the right balance, it must ensure equal access to remedy for all in the borough. This simple solution to this is to have one zone with one regulatory regime in place across its entirety. 12. Furthermore, the Policy does not consider the interrelationship of the activities covered by the Policy alongside other on-street activities, which are – and will remain – in competition with buskers and street performers for pitches.