Cheshire West & Chester Council A Guide To Busking In Chester

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Cheshire West & Chester CouncilA Guide toBusking inChesterCheshire West and Chester Councilrecognises that Busking makes avaluable contribution towards thecultural life of the city, makingthe streets more vibrant andexciting for visitors, businessesand residents.

What is Busking?‘Busking’ means music, dance, streettheatre, performance and art offered livein public spaces for the purposes ofentertaining and interacting withmembers of the public and receivingvoluntary contributions. Buskers arenot typically paid or hired directly for theirperformance.Why is a Guide necessary?Buskers share the streets and open spacesof Chester with everyone who lives,works, trades and takes their leisure in thecity. Inevitably, there is potential forconflict amongst all the different uses thatpeople make of these shared spaces.This Guide aims to promote positiverelationships between buskers and allthose with whom they share the publicspaces of the city. We are confident thatmost disputes can be resolved amicablythrough a culture of community,consideration for others and negotiation.This Guide has been created by CheshireWest and Chester Council, ChesterBusker’s Association, representatives ofEquity and the Musicians Union, the KeepStreets Live Campaign, CH1 Chester BID,business representatives and the buskingcommunity.

Building Positive RelationshipsBusking CommunityWhenever you set out to perform on astreet you join an existing communityincluding street traders, shops, businesses,residents and other buskers. Beforesetting up please anticipate the impactthat your act will have on other users ofthat space and the surrounding area.Please choose your pitch withconsideration towards other buskers.Be mindful not to set up so close toanother busker that it will adverselyimpact their act.Wherever possible, please ensure thatyou introduce yourself to nearbybusinesses/shops in the vicinity of yourperformance before you begin. Lettingpeople around you know about yourperformance in advance will help makecomplaints less likely.Ask businesses to speak to you directly ifthere are any issues and be open to acompromise. Being calm and polite andaccepting that people have differentviews and levels of tolerance will helppromote positive relationships on thestreet, which will help create a thrivingatmosphere within the city.The majority of complaints are caused byintrusive noise; that is noise whichincludes excessive volume, long durationor repetition and makes the lives of thosearound it more difficult.Be mindful that alongside businesses andplaces of worship, there are also manyhotels and residential areas in the citycentre. Every time you set up a pitch,anticipate the impact your busking act islikely to have on those around you.Always be considerate.There is no ‘one size fits all’ approach; anappropriate noise level; a size of crowd;length of performance - all depend on thecircumstances on that given day.A culture of sharing and swapping pitcheswith other acts is strongly encouraged inChester. Cooperation is a great way ofbuilding a rapport with other buskers andbuilding community spirit, whilst regularchangeovers help to create a vibrantbusking atmosphere. If there is a buskerperforming on a pitch that you wish toplay on, you should politely ask whenthey are playing until and if they wouldbe willing to share or swap the pitch.You can either wait until the pitchbecomes available or agree to comeback at a given time.Two hours is suggested as a roughguideline for being on a pitch (includingbreaks) but you should never set up ‘ontop’ of another performer or put themunder pressure to give up the pitch theyare on. You are encouraged to negotiateand work together through a culture ofdialogue and mutual respect.The Chester Buskers Association is avoluntary organisation that promotes thebenefits of good working practice bybuskers. The organisation is run by StreetArtists and performers and offersmediation and support to its members aswell as being a central contact pointbetween agencies businesses and otherorganisations.For further information, please email:chesterbuskersassociation@gmail.com

Your PerformanceSound in the citySpaceIt is not possible to be completelyprecise about this; there isn’t a fixeddecibel level that constitutes anegative impact. There are manycontributing factors. Our city is fullof sounds from many differentsources whether it is caused bytraffic, music from shops or the noiseof crowds. A busker needs to beheard above the level of ambientstreet noise for their performanceto be effective, but notintrusively so.There are no fixed busking pitches inChester, but you should always takecare not to obstruct windows, doorentrances or thoroughfares.Please do not obstruct the highwayand take care to allow for plenty ofspace for people to walk past youand around you. Be aware of thetime of day and the nature of thespace that you intend to perform inand be prepared to change yourlocation if your act impacts adverselyon that space on a given day.If you perform a circle show (aperformance where a crowd isexpected to gather and stay until thefinale of the show), or an act (likestreet dance or theatre) that requiresa significant amount of space, it isyour responsibility to ensure peopleare able to freely move on thehighway.Again always consider your impacton local businesses and on peopletrying to navigate through the city.Always show consideration with thesound level of your performance andconsider its impact on others.Be prepared to adjust your volume ifasked, appreciate that some peoplemay be more sensitive to noise thanothers – be willing to compromise.Remember that many pitches aresurrounded by businesses, hotels,flats and shops.

The people inside can’t simply walk away so it’s your responsibility toconsider the impact your performance has on them and take appropriateaction, where required. Perform simple sound checksto gauge responses as you go - Ifin doubt it may be helpful to callon the support of your fellowbuskers or local businesses to helpyou determine whether yoursound level is appropriate. Know your equipment. Certainsounds carry more than others,and some sounds have thepotential to be more intrusivethan others, for example brassinstruments, amplifiers, bagpipesand percussion instruments.Consider using brushes, mutes,pads and volume controls andother accessories to keep noiselevels reasonable and appropriate. Due to relatively narrow streetsand high buildings, sounds cantravel a surprisingly long way inChester City Centre. Please beaware of this and don’t beoffended if someone asks you tomake a reasonable change to yourperformance. Be willing to compromise. Ifsomeone is negatively affected byyour performance, be open tomake changes such as turning anamplifier down, moving a shortdistance, or changing thedirection that you’re facing. Excessive volume can causedistortion which many finduncomfortable; turning down thevolume can enhance yourperformance for more people toenjoy. Keep it varied. The repetition ofa small number of songs orperformance pieces in the samelocation has the potential tobecome quite intrusive and is oneof the main sources ofcomplaints. Build your repertoire;vary songs, styles and tempos tokeep things interesting for youraudience and move pitches whenyou’ve finished your repertoire. If you use backing tracks,please make sure these are notleft running when you arenot performing. Please thinkabout the positioning of anyamplifiers / loudspeakers.

LengthTwo hours on a given pitch(including breaks) is suggested as arough guideline. However, it shouldbe shorter if your repertoire is limited.The length of performances should beappropriate to the impact that youract has on those around you.Performances that are particularlyloud or limited in terms of repertoireshould consider shorter performancetimes and moving pitches morefrequently to make complaints lesslikely.Street TradingIf, as a Street Entertainer you wish tosell products linked to youperformance such as CDs (of yourown music) etc, you will need toobtain a suitable street tradinglicence/permit in the first instance.Licences/permits can be obtainedfrom Cheshire West and ChesterCouncil. Please note - terms andconditions apply.For further details relating to a streettrading license/permit, please call0300 123 7737 (option 4) or icensing-andpermits for more information. Pleasenote - the licence/permit will onlypermit you to sell products linked toyour performance during the periodyou are busking/entertaining.Some busking acts include theprovision of a tangible good orservice as part of the act (eg balloonmodelling, portrait artist).If the provision of goods or a serviceis part of a busking act it must beoffered on a voluntary basis and thismust be made clear to members ofthe public. It must also be asecondary aspect of the busking actwhich means that people should beable to engage with your act/performance without any obligation tomake a donation.It must be emphasised that anydonations made are on a voluntarybasis so that the product or service isan extension of the busking act itselfand people are not obliged to makeany contribution. This should bemade clear with an appropriatevisible sign.Where the above guidance isobserved, and the provision ofgoods/services is clearly a secondaryaspect of the busking performance,enforcement action under streettrading legislation will not be taken.However, random audits will becarried out by the LicensingAuthority to ensure compliancewith the above conditions on aregular basis.

Considerations OtherBe aware of special events in the city, and note that there are places and times whenbusking might not be appropriate. A list of upcoming events can be found identsIf you feel that a busker is having anadverse impact on your place of work orresidence, wait for an appropriatemoment in their set and make yourselfknown to them, explaining the issuecalmly and politely.It may be helpful to also draw the busker’sattention to this Guide. Cheshire Westand Chester Council is happy to makecopies of this Guide available to allbusinesses, residents and other interestedparties.It may be appropriate for you to have aconversation with nearbybusinesses/residents first to establishwhether they are experiencing similarlevels of annoyance. In most cases thebusker will probably be unaware that theyare causing an issue and will want toresolve matters quickly and amicably.Wherever possible, talking to theperformer should be the starting point toresolving any issues. Building a positiverapport with buskers using public space inthe vicinity of your place of work orresidence can help resolve issues quicklyand maintain positive relationships. This iskey to us all helping to create a thrivingenvironment in the city centre.

EnforcementFormal enforcement action will only be taken as a last resort whereperformers have repeatedly failed to follow this guidance.Enforcement action will only normally be considered by Cheshire West andChester Council once the following steps have been taken: Step 1 - don’t wait until you’reirate to speak to a busker. If youfeel you are being adverselyimpacted, check with yourneighbours and colleagues to seeif they are also being affected.Speak to the busker at the earliestopportunity and explain the issue.Wait for a suitable break in theperformance - this may be a goodopportunity to refer them to thisGuide. Step 2 - If you’ve spoken to thebusker and the issue has not beenresolved, you can contactCheshire West and ChesterCouncil CCTV control room viayour Co-Sign Radio in the firstinstance or v.uk to seek aresponse from a Council Officer orPCSO. An officer will attend assoon as possible and will take aview on whether the busker iscausing a negative impact.They will talk to the busker andthe complainant educating themabout the law, this Guide toBusking, and next steps. If thereis no negative impact, thecomplainant will be informed ofthe officer decision and no furtheraction will be taken at the time. Step 3 - If it is considered thatthe busker is at fault, the officerwill ask them to take appropriateaction to resolve; which mayinclude turning the volume down,moving pitches and engaging withthe busking community to seekfurther advice and mediation. Step 4 - If the issue persists,formal enforcement action will beconsidered by Cheshire West andChester Council, and a formalwarning letter may be issued tothe busker. Step 5 - If the issue persists andthe busker continues to have adetrimental impact, formalenforcement action will be takenas a last resort through the use ofa Community Protection Notice(CPN).Formal enforcement action will onlybe taken against those whosebehaviour is unreasonable and hashad a persistent, detrimental effecton the quality of life of others.

Sensitive AreasThere are certain pitches in Chester that are particularly sensitive to noise,because of their proximity to places of worship, wedding venues and the wayin which sound can carry a long way. These areas include: Town Hall Square (the Town Hall is used for weddings and other services) Chester Cross (the Cross is located outside St Peters Church and duringsummer months is the ‘home’ of our Town Crier)To avoid ambiguity a red flagsystem will be in operation outsideeach of these venues.Please do not perform at thesepitches if a red flag is in place.

Contact DetailsCheshire West and Chester CouncilAll enquiries regarding this Guideshould firstly be directed to theChester Locality Team at CheshireWest and Chester Council.email: er Busker’s AssociationChester Buskers Association is agroup of local performers andbuskers. Members of the group areable to offer advice and guidancerelated to busking in Chester. Forfurther information, please contactchesterbuskersassociation@gmail.comThe Musicians’ UnionThe Musicians’ Union (MU) wasestablished in 1893 and representsover 30,000 musicians working in allgenres of music including buskers.As well as negotiating on behalf of itsmembers with all the majoremployers in the industry MUmembership includes a range ofservices tailored for the selfemployed including public liabilitycover and equipment insurance,providing assistance for professionaland student musicians of all ages.For further information, pleasecontact the North Regional Officeon tel: 0161 236 1764 oremail: liveinthenorth@themu.org orvisit www.themu.orgKeep Streets Live CampaignThe Keep Streets Live Campaign is anon for profit organisation whichadvocates for public spaces that areopen to informal offerings of art andmusic. It aims to promote positiverelationships between localauthorities and street performersand to develop policies that supportand sustain street culture.Visit www.keepstreetslive.com oremail: contact@keepstreetslive.comfor more information.Equity incorporating the varietyArtistes’ FederationEquity incorporating the varietyArtistes’ Federation is a trade unionrepresenting performers includingactors, singers, dancers, streetperformers, circus artists, comediansand other entertainers along with thetheatre creative teams and stagemanagers.Established in 1930, Equity hasagreements with the majoremployers across live performance,broadcast and film and has over40,000 members. All members arecovered by a 10 million publicliability insurance automatically fortheir freelance work and there is atop up cover available for fireperformance.Contact the Northern Office ontel: 0161 244 5995,email: mbeckmann@equity.org.uk orvisit www.equity.org.uk for furtherdetails.

What is Busking? ‘Busking’ means music, dance, street theatre, performance and art offered live in public spaces for the purposes of entertaining and interacting with members of the public and receiving voluntary contributions. Buskers are not typically paid or hired directly for their performance. Why is a Guide necessary?

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