High Court to hear challenge to regime for licensing busking

The High Court will this week hear a judicial review challenge to the London Borough of Camden’s proposed regime for the licensing of busking.

The council decided on 11 November 2013 to adopt the regime under Part V of the London Local Authorities Act 2000.

Key features of the policy adopted include:

• It will apply to the whole of Camden and to the provision of all entertainment in a street within the borough;
• Standards will be set through a voluntary Code of Conduct with which all buskers are expected to comply;
• Where the entertainment includes music or the use of amplifiers, a busking licence will be required – except where the entertainment falls within a class of entertainment which is excluded from this requirement;
• Two types of licence can be issued: a standard busking licence and a special busking licence;
• The standard licence will be subject to the council’s standard conditions. “These conditions include restrictions in respect of permitted times of 10 am to 9 pm, certain types of instruments such as drums and wind instruments, and amplification. Standard licences can only be used by solo or duo performers”;
• A special busking licence will be required for busking within Camden where a performer seeks to amend or vary the conditions.

The Keep Streets Live Campaign, advised by law firm Leigh Day, sent a letter before action, criticising the definition of busking as being insufficiently clear.

It was also claimed that there was insufficient evidence to cross the threshold in s. 33(2) of the 2000 Act for adoption of the licensing scheme.

Formal proceedings were issued in December 2013. The hearing will start tomorrow (27 February) and is scheduled to last for two days.

Rosa Curling, a lawyer at Leigh Day, said: “These measures are unlawful. There is very little evidence of disturbance and the definition of busking in the proposals put forward by the council is not clear. Under this new policy, whistling in the street could now face a fine of £1000, which is clearly ludicrous.

“The council already have a variety of measures available to it should a tiny minority of residents be disturbed. This draconian licensing policy for busking is not the solution to this issue and its implementation, across the whole of the borough, is likely to stifle the creative and vibrant area that Camden has become, in part due to the live music and entertainment performed in the area.”