City council exploring busking compromise

Birmingham Council is exploring possible compromises after a divisive busking crackdown was introduced in the city centre.

The local authority recently brought in new rules to tackle street noise through a PSPO which bans musical instruments and amplification in certain streets.

The restrictions came into effect this summer, with the council saying it had previously received a “significant and consistent number of complaints” from residents and businesses about noise issues.

But buskers and musicians have hit out at the PSPO and argued that it could contribute to Birmingham becoming a “cultural wasteland”.

An online petition against the busking crackdown has been signed by more than 1,500 people and shared on Instagram by The Libertines legend Pete Doherty.

Black Country duo GANS, who launched the petition, previously described the restrictions as “draconian” and wrote: “The issue is bigger than just the silence the city will feel without music and performance.”

Despite the controversy, a recent council report revealed the new PSPO has attracted a positive response from businesses, with one saying the “city centre now feels safer and more welcoming”.

But amid the concerns raised in the petition, it also said the council was exploring the feasibility of a “consent/permitting scheme” for busking in the city centre.

Buskers have previously called for such compromises, with one suggesting that Birmingham Council could adopt a model similar to that of Busk in London with respect to basic licensing.

“As the regulators of the PSPO, the operation of any such consent/permitting scheme should be run independently of the enforcement activity,” a council officer wrote.

“This avoids any potential conflict of interest with the council’s legal obligations with regards to statutory nuisance.

“Officers have therefore been seeking to identify if there is support for a scheme and if so, if any other interested parties may be willing to administer such a scheme.”

According to the report, there was no interest from Central BID, who reportedly felt it was important “not to undermine the positive impact” of the new PSPO.

However, it went on to say that there was a “constructive meeting” last month with GANS.

“Reasons for the PSPO were explained and ideas that both support music in the PSPO area while continuing to protect people in the locality were welcomed,” the report said.

“We are awaiting further information from GANS Band, working with a Night-Time Economy Ambassador, about their proposal for an industry-led solution.”

Despite these discussions, the council’s director of regulation and enforcement Sajeela Naseer acknowledged that a feasible scheme had not yet been identified at this moment in time.

“That doesn’t mean we’ll close our doors to such a scheme,” she told a recent licensing committee meeting.

“If anyone wishes to approach us and make suggestions on how we can potentially bring music into the city centre in a positive way, we’re always open to suggestions.”

She also said some in the arts industry had a “deep understanding” of the city centre noise issues that the council had to previously grapple with. In particular, she pointed to the fact that some people were playing recorded music or “banging a saucepan for money for 12 hours a day”.

She also reminded the committee that London has a specific piece of legislation which enables it to have a licensing scheme.

“There is no quick and easy answer to these issues,” she said earlier this year. “We need to balance the rights of residents and businesses against those who wish to make music and other amplified noise in the city centre.”

Numerous businesses in central Birmingham backed the crackdown earlier this year amid claims of migraines, staff anxiety and customer complaints.

“The door is closed due to the excess volume meaning the shop is incredibly hot,” one previously said. “Our mental health is suffering immensely due to the constant noise pollution.”

But the introduction of new PSPOs in the city centre has been welcomed by those who live and work in the city centre.

“With the PSPO in place, the atmosphere has been much calmer, and both staff and customers feel more comfortable,” one said. “The city centre now feels safer and more welcoming when walking along New Street.”

“Now the PSPO is in place on New Street in Birmingham, the atmosphere in the city centre feels much better,” another added.

Justifying the PSPO earlier this year, Birmingham Council said that enforcement arrangements had failed to deal with noise levels in streets outside two previous orders and businesses supported the declaration of a “new, wider PSPO”.