Buskers threaten High Court action in fight against stricter busking rules
Thursday, 31st October 2013
Mark Thomas and a busking Bill Bailey
Published: 31 October, 2013
by RICHARD OSLEY and PAVAN AMARA
BUSKERS have warned Labour councillors running the Town Hall that they will be dragged to the High Court if they press ahead with plans for tighter controls on musical street performers.
The alert came as Tories and Lib Dems refused to back the plans for busking licences, time limits and a ban on amplified music and wind instruments amid claims that the proposals were “a sledgehammer to crack a nut”.
It also followed a lively protest outside Camden Town tube station on Thursday which saw comedians Mark Thomas and Bill Bailey join Billy Bragg during a demonstration against the policy.
Mr Bragg said: “If buskers are removed from the streets of Camden due to complaints about noise, their place in the food-chain will be taken by an army of living statues – silver painted gargoyles on every corner.
"Such artists have their place, but I’d rather hear a living musician playing a tune on the streets of what must be the most musical borough in London.”
The changes have been drawn up after complaints from residents, mainly in Camden Town, who say their peace and quiet has been wrecked by an increase in loud buskers.
After Thursday’s protest, Mr Thomas and demonstration organiser Jonny Walker ambushed Labour cabinet member Abdul Hai during an interview with BBC London’s Wendy Hurrell.
Mr Thomas said buskers had not been properly surveyed and that the council could save time and money if they were.
The point about consultation is key, Mr Walker warned when he appeared before the council’s licensing committee on Tuesday night. He said it could be a point for a judicial review challenge if the council do not step back from the proposals.
“The argument we’ll be taking in a judicial review if this policy is implemented is that the consultation was not genuine, the outcome was pre-determined,” added Mr Walker.
Councillors had heard from residents on Tuesday who told of the uncontrolled noise disturbance.
Josie Kelly, from Camden Town Speaks, said: “We’ve all got different taste in music but we choose at home what we want to put on, not having it come straight into our homes at all hours from the street.”
She said a designated spot on Camden Lock should be provided, away from people’s homes.
It was at the committee meeting, however, that Tory leader Councillor Jonny Bucknell began the opposition revolt against the plans, insisting they should be put on hold for a year while the council tries a “code of conduct” scheme without threats of confiscation of instruments – similar to a policy in Bournemouth.
He said last night (Wednesday): “I think we are really in danger of judicial review on this. We should have a working group, look at a code of conduct and see how it goes for a year.”
Councillors will be pressed again to make clear their position at next month’s full council meeting next month, where Mr Thomas suggested members would be greeted with the “Citizens’ Kazoo Orchestra” playing the Imperial Death March theme from Star Wars.
Cllr Hai said: “We are not banning busking. I believe we have had a thorough consultation.
"I believe buskers were individually approached and advised about the consultation.”