MU BUSKING CODE OF GOOD PRACTICE The MU is launching its Busking Code of Good Practice in 2010 as part of a campaign to promote

busking in the UK. Busking and street entertainment is known to enhance the atmosphere of the city or town centre, providing safer streets, and a vibrant public and tourist-friendly place to visit. It can also provide wider cultural benefits to communities and the MU encourages all local authorities to foster strong working relationships between themselves, buskers, the police and local businesses. This document is designed to offer condensed information on UK legislation affecting busking and guidance on other things buskers should consider to get the most out of the experience and ensure they work in harmony with the needs of local businesses and the general public. More information is available at www.theMU.org/busking . Buskers should also check with the local authorities that govern the area where they intend to busk to find out what practical guidance they issue on the dos and donts of busking locally including if for instance, if there are certain preferred or designated areas for busking or any licensed schemes in place. THE LAW PRACTICAL GUIDANCE FROM THE MU The Licensing Act There is a widely spread misconception that There may however be instances that fall outside of busking is classed as regulated entertainment this, and local authorities may apply other laws and byunder the Licensing Act 2003, which it is not. In laws. In some local authorities different approaches most circumstances busking, in the sense the have been taken to busking such as permit schemes word is normally used, will not be licensable. for pitches, codes of practice and licensing of public This is because busking is usually incidental to land. other activities, such as shopping, or the premises where the music is played will not Buskers should check with a local authority what local have been provided for busking to take place. rules are in place if any. Sale of Merchandise / CDs and collection of money for charity This activity falls under either the Pedlars Acts Currently a busker may need a licence from either the 1871 and 1881 or the Street Trading Act (the police or the local authority to sell CDs while busking, former if you keep moving your pitch every 15 depending on how the legislation has been interpreted. minutes, the latter if you are selling from one Check in advance to avoid a fine / prosecution. The fixed location). MU is currently campaigning for more coherence and simplicity in this area. When busking as part of a charitable appeal in any public place a street collection permit must be obtained from the Local Authority first. Amplification Section 62 of the Control of Pollution Act Whether or not amplified music will be construed as a 1974 prohibits the use of a loudspeaker in the statutory nuisance will depend on a range of factors street (which includes squares, courts etc) and the council will take into account the time, between the hours of 9pm in the evening and frequency and duration amongst other things when 8am the following morning for any purpose. they investigate complaints. If a nuisance does exist, they will serve a notice on the person making the noise, requiring them to stop or perhaps imposing Section.79 (1)(ga) of the Environmental conditions such as limiting the activity to certain times. Protection Act 1990 is concerned with noise It is an offence to not comply with the notice. from equipment in the street, including musical Essentially if you get a complaint, deal with it amicably instruments, which could potentially cause a and remember that higher volume can often mean 'statutory nuisance'. lower busking profits!

Location of busking pitch Councils can use powers (Section 137) under Highways Act 1980 to enforce the removal of buskers who are obstructing the highway. To avoid this, the busker should take care not to block walkways, fire exits or impede traffic either whilst performing or through the crowds attracted. The busker should not use street furniture such as benches, telephone boxes, post boxes, cycle stands as part of the act and avoid areas where members of the public need access.

On a courtesy rather than legislative level, when busking outside a shop, do speak to the manager first and do not block the doorway or fire exits. Have similar considerations for residential premises or offices. We have been advised that police forces approaches to buskers vary but as a rule of thumb unless there has been a complaint or there is a significant obstruction being caused, police would not normally interfere. The local authority should also make the police aware of the local guidelines they issue to buskers to avoid unnecessary confusion.

Support from the MU If you experience problems while busking or need advice before setting out please contact your local MU office. London: East and South East England Midlands North of England Wales and South West England Scotland and Northern Ireland london@theMU.org eastsoutheast@theMU.org midlands@theMU.org manchester@theMU.org cardiff@theMU.org glasgow@theMU.org 0207 840 5535 0207 840 5537 0121 622 3870 0161 236 1764 029 2045 6585 0141 341 2960

The Musicians Union represents over 30,000 professional and student musicians, working in every genre of music. Public Liability Insurance (PLI) It is advisable when busking to carry a copy of your Public Liability Insurance certificate or valid MU or Equity membership card with you as proof of PLI cover. 10 million Public Liability Insurance cover is included as part of both Musicians Union and Equity membership.