BUSKING

A NEW APPROACH:Tamworth wants to encourage buskers toperform to enhance the vitality of the towncentre and provide pleasure to residents andvisitors. This guidance aims to support aculture of community, consideration for othersand negotiation.

Most complaints about busking apply to asmall number of performers and usually relateto noise levels, repetitive performances orobstruction.

Most issues can be resolved amicablywithout the need for a formal complaint.

The aim of this guidance is to provide aframework for buskers and others to resolveissues before they escalate. There are a rangeof existing statutory powers relating to noisenuisance, public order and obstruction. Theseformal powers will only be used as a lastresort if there are persistent issues and thisguidance is not being observed*.

WHAT IS BUSKING

?

For the purposes of this

guidance,

‘busking’ will be used t

o describe

performances of music, dance,

street theatre or art in a

public space

undertaken with the inten

tion of

entertaining or engagin

g with

members of the public.

Busking performances ar

e

normally spontaneous,

impromptu and informal

in nature.

BackgroundThe town centre and Castle Grounds are licenced for thepurpose of regulated entertainment for planned timesand dates applied for in advance, with certainparameters for informing the police and other bodies forevents and to ensure the protection of children and toprevent noise nuisance or complaint.

Code of PracticeYou do not need permission to busk or provide streetentertainment (excluding events – please visit to confirmevent dates www.tamworthartsandevents.co.uk ) inTamworth, however we have adopted a Code of Practicefor buskers who wish to perform in the town centre inorder to enhance the shopping experience andatmosphere. This Code of Practice will be used by officersto take appropriate action if complaints are received.

NuisanceOn occasions, busking may become a nuisance,particularly for people living or working in the towncentre. As a result, both the local authority and the policereceive complaints about the volume and sometimes thenature of busking and street entertainment and aboutobstruction of the public highway caused by gatherings.

RestrictionsAnkerside Shopping Centre is privately owned and priorpermission should be sought from the centre managers.

Middle Entry is a public thoroughfare, however due tothe covered walkway this may result in a higher level ofcomplaints and buskers may be asked to move alongmore frequently.

LegalUnder the Environmental Protection Act 1990, noise inthe street from musical instruments may be a statutorynuisance and the local authority is able to take legalaction to abate the nuisance and prohibit or restrict itsrecurrence. This may include the seizure of musicalinstruments.

The police and the council will not normally institutelegal action where the Code is observed. However,breaches make an offender liable to prosecution. Itshould also be noted that persons other than the policeor the council may institute action under the same laws,whether or not the Code is observed.

FeesThere are currently no fees for busking in the town,providing all buskers comply with code of practice.

Busking Code of Practicen Music or voice shall not be amplified to a level or tobe so loud that either can be plainly heard at adistance of 50 metres. Mains or generator-poweredamplification is not permitted.

n Buskers may require a valid Performing RIghts Society(PRS) license. While the authority is not the governingbody, we may request to see the license. Advice canbe obtained by calling PRS on 0800 068 4828.

n Busking must not be intrusive, a nuisance in nearbypremises or affect the public or the use of publictelephones.

n Entertainers shall not obstruct the highway.Entertainers are also responsible for ensuring that thehighway is not obstructed by people gathering tolisten to or watch the performance (note: Highwayincludes any footpath, pavement or open pedestrianarea or place.)

n Entertainers shall not make use of the street furniture,such as public seats, lampposts and railings.

n Pitches chosen shall satisfy the above criteria andmust not be within 50 metres of another busker.(Please see preferred busking areas*)

n Entertainment is only permitted between the hours of 10am and 4pm (unless as part of an organized event)

n The appearance and quality of an act shoulddemonstrate a positive intention to entertain passers-by, not to solicit money through sympathy ie begging.

n No sign shall be displayed inviting payment (exceptwhere a collection for charity has been authorised bythe council or the Charity Commissioners). Any moniesreceived must be at the sole discretion of the public.

n Entertainers shall not perform in a manner which isdangerous to themselves or to the public.

n Jugglers and circus skill entertainers must have proofof public liability insurance which must be availableon request. All necessary precautions must be takento protect the audience from harm.

n No animals are to be used in any performance ofstreet entertainment.

n Only one entertainer or a group of entertainers(maximum 6) will be allowed to busk in any one placeat once, without prior permission from TamworthBorough Council.

n Entertainers from a wide range of backgrounds will bewelcome and will be expected to work in considerationof the Council’s Equality and Diversity Policy.

n Entertainers deemed to be breaching diversityguidelines or causing offence, distress and alarm tothe public will be immediately asked to terminatetheir performance.

n Entertainers should remain standing unless theperformance or health issue requires you to beseated. If your performance requires this, you MUSTNOT sit directly on the ground – a suitable foldingchair must be used.

n Entertainers must stop performing immediately whenrequested to do so by a Police officer or council officer.

n Entertainers will not be permitted to sell any type ofmerchandise, including CDs and tapes, unless aTamworth Borough Council Street Trading license hasbeen issued. Please contact EnvironmentalManagement on 01827 709445 for guidance.

n Entertainers will not be permitted to perform if, whenquestioned by a council or police officer, they areunder the influence of drugs or alcohol.

n Entertainers will not be permitted to busk duringmajor events in the town centre without priorapproval from the Outdoor Events Officer.

n Time slots limited to 20 minutes without a significant break. Performances should not be of arepetitive nature.

*Preferred Busking Areas

n Barclays Bank

n Town Hall

n Home Bargains

n Under Canopy

On Market Days (Tuesday/Friday/Saturday) please contactMarket Management to make arrangements:lsdpromotions.co.uk

Please note that while there are no preferred buskingspots in other Tamworth Borough Council ownedlocations, the framework will still apply.

www.tamworthartsandevents.co.uk