Agenda item

3.1      Both the Conservative and Labour parties had selected as their first item for debate the Busking and Street Entertainment Policy.

3.2      Councillor Matt Noble moved and it was seconded by Councillor Pancho Lewis that recommendation 1 in the report of the Executive Director for Environment and City Management be amended as set out in the order paper.

3.3      Following debate, The Lord Mayor put the amendment to recommendation 1 to the vote and following an electronic poll declared the amendment LOST.

3.4      The Lord Mayor then put the substantive recommendations as set out in the covering report to the vote and following an electronic poll declared the recommendations CARRIED.

3.4      RESOLVED:

That the Council agreed:

(1)  A Busking and Street Entertainment Policy for the City of Westminster which includes (as specified in Appendix B to the report):

·       the adoption of a city-wide Busking and Street Entertainment Code of Conduct;

·       the creation of a dedicated Buskers and Street Entertainers Forum; and

·       ongoing seasonal (quarterly) monitoring and an annual review of the policy after one full year of operation.

(2)   To adopt Part V (Licensing of Buskers) of the London Local Authorities Act 2000 to apply to all the area of the City of Westminster.

(3)  The draft designating resolution for consultation to prohibit busking and street entertainment from all licensed streets save that busking and street entertainment will be permitted under and in accordance with (a) the terms and conditions of designated pitches and (b) the terms and conditions of a busking and street entertainment licence.

(4)  The draft designating resolution for consultation contains.

(4.1)   the designated streets and areas where busking and street

entertainment is to be prohibited – the licensed streets, namely:

(4.2)     the busking and street entertainment pitches where busking and street entertainment will be permitted (under and in accordance with (a) the terms and conditions of designated pitches and (b) the terms and conditions of a busking and street entertainment licence – the busking pitches, namely:

(4.3)   the terms and conditions that apply for each busking pitch;

(4.4)   the terms and conditions for a busking and street entertainment licence;

(4,5)   the application process (and fee) for a busking and street entertainment licence, including the process for applying for a variation of the standard terms and conditions.

(5)      The following time-table:

(5.1)   For the city-wide Busking and Street Entertainment Code of Conduct; dedicated Buskers and Street Entertainers Forum; and ongoing seasonal (quarterly) monitoring and an annual review of the policy after one full year of operation to have effect from 5^th April, 2021.

(5.2)   Resolution to Adopt Part V of the 2000 Act 9^th December 2020 coming into operation on the 5^th April, 2021.

(5.3)   Consultation upon the draft designating resolution from the 10^th December 2020 to the 31^st January 2021 (a seven week period)

(5.4)   3^rd March, 2021 the Full Council may adopt, amend and adopt, or reject the designating resolution; in the event of adoption it shall come into effect on the 5^th April, 2021.

Reason for Decision

1.        On balance busking and street entertainment is and continues to cause adverse impacts despite the good intentions of voluntary approaches.  The council continue to receive a high volume of complaints and are challenged by the very low effective use of existing powers to tackle the issue.  Appropriate regulation is therefore considered the only option.

2.        This policy seeks to balance the interests of buskers and street entertainers with those who live, work and visit our streets and shared public spaces by promoting the best of busking and street entertainment through a voluntary City-Wide Code of Conduct and supporting buskers and street entertainers to integrate into our communities, through membership to the Westminster Busking and Street Entertainment Forum.

3.        The policy also recognises that in certain locations within our City, there is good reason to believe that as a result of busking and street entertainment there has been, is being, and will continue to be undue interference with or inconvenience to or risk to safety of persons using a street in that part of their area or other streets within the vicinity of that street; and /or nuisance to the occupiers of property in or in the vicinity of a street in that part of their area. It is therefore proposed to adopt Part V of the London Local Authorities Act 2000 and to further designate licensed streets for the areas listed below so as to prohibit busking in those areas apart from busking that is carried on by licensed buskers within the twenty-six designated busking pitches.