Agenda item

Report of the Head of City Policy and Strategy and the Director of Public Protection and Licensing.

4.1.     The Licensing Committee received a report from the Head of City Policy and Strategy and the Director of Public Protection and Licensing. The report stated that, on 10 January 2020, the Committee had heard a proposal to implement a new Busking and Street Entertainment Policy (referred to variously as “the Policy”, “proposed Policy” or “draft Policy”) intended to address safety and noise nuisance concerns. There had then been a six-week consultation in January and February, the results of which were attached as Appendix B to the report.

4.2.     The report before the Committee set out the rationale for the development of the proposed Policy and sought the Committee’s approval to hold a further five-week consultation on the new draft policy.

4.3.     The Chairman noted that presently there were four differing approaches to busking and street entertainment across the borough. It was now proposed to reduce this to 2 approaches including the requirement that street entertainers in the centre of the borough, where there would be 25 pitches, five of which would permit amplification be licensed; and the introduction of a Code of Conduct for the outer areas of the borough. The intention behind the proposals was to maximise the value of street entertainment while minimising the potential for disruption to residents, workers and visitors to the borough by busking and street entertainers.

4.4.     In the subsequent discussion, Members referred to the following matters.

(a)  One of the main causes for complaint by residents, including those living in the centre of the borough, was amplified music by buskers and street entertainers.

(b)  The Council had always strived to achieve a balance in its busking and street entertainment policy and that it was to be welcomed the proposals before the Committee were to be the subject of consultation.

(c)   That consideration be given to revising the layout and design of the draft policy document to ensure that the final document, when produced, would be easy to read.

(d)  In response to concerns about the potential displacement of buskers and street entertainers from the Trafalgar Square and Leicester Square areas to the wider West End and, in particular, Covent Garden expressed in the previous consultation, it had been decided to include the wider West End, including Covent Garden, in the present proposals and consultation.

(e)  It was open to consultees to comment on the proposed policy as a whole or on specific areas identified in the policy.

(f)    The Chairman confirmed that everyone who had commented in response to the previous consultation would be invited to comment as part of the current consultation.

(g)  Any persons with a right to work in the UK would be permitted to apply for a busking/street entertainment licence and that confirmation of the right work in the UK would be part of the licence application process.

(h)  Noise complaints within the borough were dealt with under statutory nuisance provisions. However, these provisions were not intended to apply to buskers. Noise complaints about buskers were dealt with under the Bylaws for Good Rule and Government (No. 2).

(i)    The requirement for buskers to have a licence would obviate some of the enforcement difficulties faced by officers in relation to complaints about noise and obstruction.

(j)    In response to a suggestion that this might not be the most appropriate time for a consultation given the effects of the coronavirus pandemic, the Chairman noted that everyone who had commented on the previous consultation would be invited to comment on the present consultation. In addition, since the lifting of some of the lockdown requirements, there had been an increase in number of noise complaints about buskers and street entertainers.

(k)   It was noted that the consultation was being carried out under the provisions of Part V (Licensing of buskers), London Local Authorities Act 2000 which were prescriptive by nature and that the policy, if approved, would not be implemented until next year.

(l)    The consultation covered areas that were known hotspots and areas where it was believed there might be displacement issues if buskers and street entertainers relocated from the known hotspots.

(m)The Chairman noted that the consultation would be promoted through social media and that all statutory stakeholders and other potential stakeholders would be contacted and informed about the consultation so that their specific views would be considered. The statutory requirements governing the consultation did not permit other areas to be added to the consultation later. However, when the policy proposed in the consultation was implemented, officers would subsequently review the operation of the policy and report back to the Committee. This would allow the opportunity for a further review of the policy.

(n)  Officers would consult with all groups and organisations representing buskers and street entertainers, including the Street Performers Association, on the proposed policy.

4.5. Bringing the discussion to a close, the Chairman thanked all those persons and groups involved in preparing the present consultation and those who had contributed to, or commented on, the previous consultation.

RESOLVED: to approve the report’s recommendations, as follows –

That the Council hold a five-week consultation between 24^th September to 1 November 2020 on the following:

1.          The creation of a Busking and Street Entertainment Policy, Code of Conduct, and a dedicated Buskers and Street Entertainers Forum.

2.          Adoption of a Licensing Regime under Part V of the London Local Authorities Act 2000 for the control and regulation of busking and street entertainment in designated streets and areas:

2.1.     Busking and street entertainment were prohibited in all areas to which Part V of the London Local Authorities Act 2000 for the control and regulation of busking and street entertainment in designated streets and areas.

2.2.     Permit busking and street entertainment in identified pitches in accordance the terms and conditions of the pitch.

2.3.     Permit only licensed buskers and street entertainers on the pitches subject to the terms and conditions of the pitch and the conditions of the licence to bask.

2.4.       The designated streets and areas are across the west end and centre of the city, namely:

·       Paddington

·       Marylebone

·       Bayswater

·       Oxford Street

·       Mayfair

·       Regent Street

·       New Bond Street

·       Piccadilly

·       Chinatown

·       Leicester Square

·       Soho

·       Covent Garden

·       The Strand

·       Charing Cross

·       Embankment

·       Trafalgar Square

·       Whitehall

·       Parliament Square

·       Victoria

·       Knightsbridge

·       Belgravia

3.              Carrying out ongoing and quarterly monitoring, and an annual review after one full calendar year of operation.