Discover the crucial distinctions between lawful and legal aspects of busking. Learn about your rights in public spaces and how to navigate busking regulations effectively.
A video of an altercation between myself and local council security officers went viral online and was picked up by the BBC. Ever since, ive had people asking me how I did it and what are the details of our rights and responsibilities. So for the first time im going to explain in detail what happened in the video and what you need to know when you’r caught out busking. The following video was the BBC news report.
The Art and Rights of Busking: A Personal Journey
Busking, the art of performing in public spaces for voluntary donations, has a rich and varied history. As someone who has spent years as a street performer, I’ve come to understand the intricate dance between regulations and rights that every busker must navigate. Today, I want to share some insights on the distinction between what is lawful and what is legal in the realm of busking and how this impacts our daily lives on the streets.
Lawful vs. Legal: Understanding the Difference
First, let’s unpack the difference between what is lawful and what is legal. Lawful refers to what is permitted by common law, the overarching principles that guide a free society, while legal pertains to statutes and regulations set forth by governing bodies. This distinction is crucial for us buskers because many regulations affecting street performance fall under the category of legality and civil matters rather than criminal law. I want to explain why it matters!
The following video is a live secret recording in real time of what happens when local security or council approach buskers and attempt to enforce legislation. Listen how they seek to claim authority over me. But why it’s important to know the distinction between lawful and legal.
Rights of Busking - Permits and Regulations
Rights of Busking permits and regulations are legal tools used by municipalities to manage public spaces. These regulations dictate where, when, and how we can perform, often requiring permits and adherence to specific guidelines. However, it’s important to remember that these are matters of legality, not criminality. No crime is committed by simply performing in public without a permit; rather, it is a civil matter. For civil matters to be enforced, they require your participation. They need your name and address. Without that, they cannot send letters or even know who you are. By giving them this information voluntarily. You are participating in them having the ability to bring legal action.
Brighton and hove city website now has the clearest details i’ve seen on busking.
The Truth About Permits / Licences
The fact is, you cannot license or permit a crime. Equally, the absence of a licence or permit is also not a crime. Busking without one means you are not breaking any laws. Don’t make the mistake of thinking a ‘bylaw’ is the same as law. They are not the same at all.
The implementing of a licence or permit is designed to get your personal details from you. With no other intent that to gain some control over you. As we’ve seen, for legal matters to be enforced, they need your personal details. They cannot action them without them. The only reason anyone gets a permit, is because they voluntarily request one. There is no law anywhere in the land that obliges you to get one. By making an application. You are actually signing over your freedoms. you are entering into a contract with the local council agreeing that you will do what they tell you. And if you don’t now do as they say, accept the punishment or fines. Why? what’s in it for you? the truth is nothing. There is nothing to be gained by applying for a permit or license for rights of busking. You already have the right.
What will definitely get you in trouble
One aspect to consider, is where a law is broken, or a crime has been committed. You are obliged to give your details. So don’t to any of those. for example, breach of the peace may been enforced on reasonable grounds but a police officer must have reasonable grounds to believe it.
Anti-social behaviour. Never get aggressive and ALWAYS remain calm. As soon as you begin raising your voice. You’ve lost. Assert your rights, but always do so with respect and patience. Never loose control. It’s about protecting yourself.
If you suspect a law is going to be broken or committed. Always think of your safety and protect yourself. Consider moving if escalation is leading into uncontrolled circumstances.
See more about my personal life as a busker here. Get the full story and background.
