The Government yesterday defended the 1839 Metropolitan Police Act as a means to arrest buskers - despite advice from former Deputy Metropolitan
Police Commissioner, Lord Paddick, that he could not think of any
busking offence not covered by other legislation.
The Government position was articulated yesterday by Conservative Lord
Gardiner of Kimble during the Committee Stage of the Deregulation Bill.
It came in response to an amendment proposed by Lib Dem Lord Stoneham on
behalf of Lord Clement-Jones to remove both the 1839 power, and busking
licensing powers under Part V of the London Local Authorities Act 2000,
on the basis that any noise nuisance or antisocial behaviour is
adequately addressed by separate legislation:
http://www.publications.parliament.uk/pa/ld201415/ldhansrd/text/141111-gc0001.htm#14111158000253
Lord Gardiner's defence of the 1839 and 2000 powers effectively amounts
to support for summary powers of arrest merely for busking.
It may surprise some that the Met should arrest and detain buskers for several hours in a London police station merely for offering a free CD
while performing. No noise complaints; no obstruction. Just buskers
doing what buskers do. But that is what happened on Wednesday 14 May in
Leicester Square to award-winning busking group The King's Parade:
http://www.youtube.com/watch?v=wjFLNjtA6uc
The police defended their action under Section 54(14) of the
Metropolitan Police Act 1839, wrongly implying that the group needed a
licence. In fact Westminster council does not licence buskers.
Some guidance discouraging heavy-handed used of this power has since
been issued by the Met, but the Government seems happy to support its
retention where it is '... the only available tactical option'. What
those circumstances might be was not explained.
Last year, Camden Council voted in a draconian busking licence scheme
that makes playing without a licence on almost any Camden street a
potential criminal offence, using Part V of the London Local Authorities
Act 2000. A judicial review brought by Keep Streets Live failed, but
noise nuisance legislation was not examined in that hearing. Assertions
made by Camden about its inadequacy in dealing with busking complaints
were uncritically accepted by the judge. A High Court appeal by Keep
Streets Live is due later this week.
A petition calling on the Home Secretary to repeal anti-busking
legislation is available here:
https://www.change.org/p/rt-hon-theresa-may-mp-repeal-london-s-anti-busking-laws
ENDS
