BUSKING POLICY
Suite 1, Level 2, 1-17 Elsie Street, BURWOOD NSW 2134
PO Box 240, BURWOOD NSW 1805
Phone: 9911-9911 - Fax: 9911-9900
Email:
Website: www.burwood.nsw.gov.au
Public Document
Adopted by Council: 14 February 2012 (Min No. 9/12)
Version No 2
Ownership: Traffic and Transport
Busking Policy
Purpose
This policy:
§ encourages activities that contribute colour and life to the Local Government Area (LGA) and opportunities for alternative voices to be heard through public performance
§ provides an equitable system of use for popular busking sites in the LGA among the buskers earning a living through their art form
Scope
Applies to any person requesting to busk on Council land.
Definitions
Busker - An entertainer who provides impromptu performances for the public by playing a musical instrument, dancing, singing, clowning or juggling, or doing other acts of a similar nature in public places.
Performance - Musical, dramatic or other entertainment substantially involving musical, theatrical, or circus performance skills.
Soliciting of funds - The act of asking, begging, seeking or requesting money or goods from members of the public.
Offering for sale -The display or demonstration of items, particularly multiples of items, with an implication that they are available for sale or otherwise in exchange for money (for example, CDs or DVD’s).
Dangerous materials and implements - Materials and implements that pose risk, hazard or uncertain outcomes for people including flammable materials and chemicals, fire, fireworks, smoke, flairs, heated elements, or anything giving off a level of heat or toxicity that poses a threat of harm or damage to members of the public and public property. Dangerous implements include knives, spears, swords, spikes, and sharp implements of any kind that pose a threat of harm to the general public.
Restricted areas - All residential areas within the Burwood Local Government Area (LGA).
Designated sites - Commercial and retail areas where busking can occur under defined conditions.
Circle acts - Structured performances requiring the audience to stop and watch or participate in the performance. Approximate duration: 20-40 minutes.
Walk-by acts - Spontaneous performances where the audience is not required to stop and watch.
Principles
Burwood Council recognises that:
§ Buskers make an important contribution to the cultural life of an area by reflecting styles, values and the issues of society at large
§ Buskers provide entertainment and thought provoking experiences to residents, visitors and members of the general public
§ Busking is a valid means for people to make a living
§ Busking should not unduly interfere with pedestrian traffic, the conduct of business, or contribute to a lack of safety
Applying for a Busking Permit
Buskers must hold an authorised permit to busk, issued by Burwood Council. Applications can be made from Council Customer Service Centre, and following payment of the relevant fee in accordance with Council’s Fees and Charges, a permit will be issued. Each permit allows a busker to perform a maximum of 12 times during any financial year. Council will only approve five buskers per financial year.
For the purposes of identification, applicants will be required to present or provide the following items at the time of application before a Busking permit will be issued:
1. Proof of identity in one of the following forms:
§ a current motor vehicle driver’s license
§ a student identity/proof of age card
§ a current passport
§ a bank card or credit card with signature
2. Australian Income Tax File number, ABN Number, or Statutory Declaration declaring intention to pay tax on earnings.
3. Passport and appropriate Work Visa if the applicant is a non-resident of Australia.
4. Proof of parental consent for applicants under the age of 18 years. Consent forms signed by applicants’ parents or guardians must be lodged at the time of application for a permit to busk.
5. Permits for Group Acts must list the names of all members of the Act. One permit will be issued for a maximum of five people within a Group Act. If the Group consists of more than five people, the Group must apply for additional permits. Burwood Council reserves the right not to issue permits to Group Acts which it considers have too many members or may present a risk to pedestrian safety.
6. Details of Buskers holding Permits to Busk will be entered into a Register of approvals granted by Burwood Council pursuant to Section 113 of the Local Government Act 1993 (the Act). Additionally, pursuant to Sections 113(2) and 113(5) of the Act the information recorded will include the name and address of the person or persons to whom the approval is granted.
7. Permits are not transferable or refundable.
8. The following are not considered to be buskers under the terms of this policy and as such will not be issued a permit:
§ balloon sculptors
§ tarot card and palm readers
§ fortune readers
§ artists selling their works (such as portrait artists)
§ masseurs or masseuses
§ vendors of any kind (including vendors of reindeer ears, fluffy toys, jewellery etc)
§ soliciting of money for any purpose
9. Any articles prohibited or deemed dangerous by any Act or Regulation are strictly prohibited. These activities include, but are not limited to, the following activities and
§ use of fire
§ use of knives
§ use of swords
§ pyrotechnics
§ flammable liquids such as kerosene, firewater or scented lamp oil
10. By signing the Application for Permit to Busk in the appropriate space, applicants must agree to comply with the:
§ requirements for obtaining busking permits
§ conditions for busking in the Burwood Local Government Area.
Conditions for Busking in the Burwood LGA
In relation to busking in all permitted areas of Burwood LGA:
1. Buskers must display their Permits to busk in a prominent, highly visible position in the busking site at all times during their acts.
2. Buskers must not unreasonably interfere with pedestrian flow or public amenities or cause obstruction to traders or delivery vehicles, including by way of encouraging audience formation in such a manner as to cause such interference.
3. Buskers may receive a monetary appreciation from the audience for their performance but may not solicit funds in a way which is likely to cause any discomfort to any individual.
4. Buskers must keep the site in use clean while they are working and ensure that their use of the site does not pose a threat to public safety.
5. Buskers may only use amplification that is battery operated. Mains voltage amplification is prohibited. Excessive amplification will not be tolerated. Loud acts may be asked to lower their volume or cease busking. Burwood Council reserves the right to impose a decibel limit on amplified sound in appropriate circumstances.
6. Where a complaint has been received about the excessive noise, level of noise amplification, music of a percussive or repetitive nature, or excessive duration of an act, particularly in relation to the proximity of that act to a place or work or residence, and the complaint is deemed to be justified, a busker may be directed by authorised Council Officers to cease their performance immediately.
7. Buskers may not offer goods and services for sale, display, demonstrate or advertise goods for sale or associate themselves with such advertising in conjunction with their performance.
8. Buskers are strictly prohibited from utilising pavement (chalk) art as a form of entertainment.
9. Authorised Council Officers may at any time request a busker to cease busking if the officer is of the opinion that the performance is loud or intrusive, or excessively repetitive, or is causing public inconvenience, or is likely to cause harm to the public or property. The busker must immediately comply with such a request.
10. Buskers must also comply with directions issued by authorised Council Officers and members of the NSW Police Force, Ambulance, Fire and any other Emergency Services.
11. Pursuant to Sections 89, 109, 110 and 124 of the Local Government Act 1993, Burwood Council may revoke or modify permits if the permit holder fails to comply with the requirements and conditions of approval. Authorised officers of Burwood Council may confiscate permits for non-compliance. Burwood Council may serve notice upon the person or persons holding a busking permit, giving reasons for the revocation or modification of the permit and providing the permit holder with the opportunity to show cause why the approval should not be revoked or modified.
12. Busking permits may be revoked or modified in any circumstance where persons:
§ Are deemed by Burwood Council to be causing a nuisance
§ Do not keep their site safe and clean while working
§ Cause obstruction to pedestrians or vehicular traffic and entrances to shops or buildings
§ Interfere in any way with an approved entertainment or activity without permission
§ Sell or offer for sale any articles or commodity
§ Use dangerous implements or materials as part of a performance without a special busking permit to do so.
13. Council and other authorised officers reserve the right to prohibit use of a restricted area, designated site or such area as may be specified by it while Council or other road works are in progress, or while a special event is in progress. It is possible that restrictions on busking may be imposed during such occasions as New Years Eve, Australia Day, Anzac Day, or other events.
14. The use of unrestricted areas, restricted areas and designated sites for busking activities will be monitored by Council Officers and continued use will be subject to their report;
15. Applicants who do not apply to Council for permission to busk, will not be covered for public liability under Council’s policy.
Public Liability Insurance
Councilhasinsured ‘busking permit holders’under aspecial PublicLiability Policy obtained to cover buskers within Burwood LGA and issued by QBE Insurance (Australia) Ltd.
This insuranceis subject to the usual terms, conditions, excesses and exclusions of theQBE policy wording which is able to be accessed on Council’s website www.burwood.nsw.gov.au.
Underthe Public Liability policy ‘busking permit holders’ are only covered by Council purchasedinsuranceproviding when the busker:
1. holds a valid busker permit issued by Burwood Council
2. is operating within the Burwood Council Local Government Area
3. has followed the conditionsset out inBurwood Council Busking Policy of which this information section forms a part.
The Policy is limited to $10 million for any one loss, and the busker is responsible for the first $2,000 of each and every loss.
Performers wishing to busk outside of the dates for which the busker permit applies, or busk outside of Burwood Local Government Area, or conduct activities shown at Applying for a Busking Permit point 8of Burwood Council Busking Policy, or whose activities are defined as dangerous at Applying for a Busking Permit point 9 of Burwood Council Busking Policyare not covered by the Council purchased Public Liability insurance andmust obtaintheir own PublicLiability insurance cover for an amount of not less than$10 million each occurrence.
Liaison and Compliance Protocol
Council's inspection and audit personnel will liaise with officers responsible for management and maintenance to ensure appropriate safety standards are met.
Failure to obtain a permit or non-compliance with the permit conditions is a breach of the Local Government Act 1993 as amended and/or the Roads Act 1993 as amended. Infringements will be issued in accordance with the regulations of these acts.
Breaches of Conditions
Step 1 - Infringement Notice served
Step 2 - Following Infringement Notice, permit may be cancelled and/ or further action taken
Operating with an Expired License
Step 1 - Application form is issued and an Infringement Notice is served to ensure compliance
Step 2 - Continued non compliance may then result in further action being taken
Operating without a License
Step 1 - Application form is issued and an Infringement Notice is served to ensure compliance
Step 2 - Continued non compliance may then result in further action being taken
Termination of Licence
The Deputy General Manager, Land, Infrastructure and Environment may consider the termination of any permit based on a continuance of non-compliance. All terminations will be in writing and the termination will be effective as per the date of the letter.
Related Information/Glossary
§ Local Government Act 1993
§ Roads Act 1993
§ Council Corporate Procedures - Busking Policy
Contact
Manager Traffic & Transport on 9911 9884
Page 8 of 10
Version No: 2
Busking Policy
LEVEL 2, 1-17 ELSIE STREET, BURWOOD, NSW 2134 PO BOX 240, BURWOOD NSW 1805
TELEPHONE 9911 9911 FAX 9911 9900
WEBSITE: www.burwood.nsw.gov.au
Application for Permit to conduct Busking Activities
Please allow at least one (1) day to process this application.
Busker Details
Name ______
Performance Name ______
Address ______
Email Address ______TFN ______
Mobile ______Phone ______FX ______
Group Acts
Name of Group ______Number in Group ______
Description of Performance ______
Location of Performance ______
Date of Application ______Permit Fee $______
Permit Period Commencing______Permit Period Ending ______
Busker’s Declaration
I / We the undersigned, declare as follows:
§ I will display my Burwood Council Permit to Busk in close proximity to where I am performing at all times
§ I will make my Permit available for inspection by an authorized officer of Council upon request and follow any lawful direction issued by that officer
§ I will not transfer this Permit to any other person
§ I agree that this permit does not give me sole use or reservation of a site
§ I will use designated sites in restricted areas in accordance with the conditions attached to their use and contained in the Burwood Council Busking Policy
§ I will not create a threat to public safety, whether real or perceived
§ I agree to bound by the conditions attached to this Permit contained in the Burwood Council Busking Policy