7/31/2019 UK Busk Card (ASAP!)
2/2
Busking is NOT classed as regulated entertainment under the
Licensing Act 2003 . In most circumstances busking, in the sense
the word is normally used, will not be licensable. Busking is
usually incidental to otheractivities, such as shopping, and the
premises where the music is played will not have been provided for
busking to take place.
BEGGING (the Vagrancy Act 1824 ): Busking is not begging, as the
case of Grey vs the Chief Constable of Manchester shows. Grey was
charged with begging, only for his case to be dismissed. Buskers
(a) give valuefor money and (b) passers-by are not forced to deal
with them.
OBSTRUCTION (the Highways Act 1980 ): Performers showing due
consideration to others are unlikely to befalling foul of this law.
Everybody has the right to make reasonable use of the public
highway, and to holdpeaceful assemblies. Performers should always
choose their pitch with consideration for other people. Giventhe
long standing British tradition of street performance, there is
nothing 'unreasonable' about performing inpublic in itself. Still,
the test of reasonableness is objective. Was there an actual
obstruction? As a precaution,we recommend that performers
photograph their pitch before performing to demonstrate their use
of space inthe unlikely event of prosecution.
TRESPASS: Trespass is not a criminal offence, but a civil matter
and is not an arrestable offence. If an ofcerclaims you are
trespassing whilst busking, the rst thing to politely ask them is
how that is possible given thatyou are on a public highway. Failing
that, you can politely remind them that the local authority would
have todemonstrate that (a) they have suffered a material loss as a
result of your action and (b) what a performer isdoing falls
outside the range of activities to be reasonably expected on the
public highway (which buskingdoesnt). It is difcult to imagine what
manner of a material loss the local authority could conceivably
suffer.
