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2010/19: Should city buskers have to audition and have other restrictions placed upon them?

What they said...
'These are our streets. You can't just set up an amplifier, grab a microphone and warble away at the top of your voice'
The Lord Mayor of Melbourne, Robert Doyle

'Melbourne's buskers are a cultural institution in this city. To lose the colour and sense of culture which they bring to Melbourne's streets would be nothing short of a tragedy'
Emma Woodall commenting in Beat Magazine

The issue at a glance
On September 7, 2010, the Melbourne City Council voted to review street activity in Melbourne. The review is to cover a range of activities including busking, street kiosks, collecting for charities and horse-drawn carriages.
The Council was presented with a Draft Street Activity Policy 2010 which includes proposals to require buskers to audition and to limit amplified busking to certain hours of the days and particular locations.  Other proposed regulations relate to stallholders, spruikers, pamphlet distribution, fundraising and horse-drawn vehicles.
Interested parties have been invited to respond to the draft proposals by October 23, 2010.
Although there have previously been complaints about buskers as noise pollution, the new proposals to audition buskers and require them to pay an annual fee have met with opposition from both musicians and some Melbournians.

Background information
1. A summary of the changes proposed under Melbourne's Street Activity Review follows.  More detailed information on each of the proposed changes can be found by clicking on the appropriate link at this site This location

Busking: Proposed changes include having buskers audition, busking for a maximum of two hours per day and introducing a busking fee when re-applying for a permit. There will also be restrictions imposed on when and where buskers who use amplifiers can perform.
Street kiosks: Proposed changes include a public tender for all convenience kiosks and newspaper cylinders.
Seasonal and casual street trading: Proposed changes include introducing a formal tender process and reducing the permit terms to 12 months.  
Events, festivals and markets: Proposed changes include introducing selection criteria. These would be guided by the eight principals.
Fundraising: An increase in the number of days organisations can collect however there will be a limit the number of locations per day.
Handbill distribution: Proposed changes include a limit of one business per location per day to distribute handbills.
Spruiking: A proposal to limit spruiking to retail strips with adequate footpath area and introducing a fee for spruikers.
Food vans: Proposed changes include limiting the maximum permit term to three years.
Horse drawn carriages: Proposed changes include introducing a formal tender process to obtain a permit.

2. Details of the proposed busking changes
a) Current conditions for all buskers and circle act performers
Permits are issued for a 12-month term.
Buskers are required to pass a safety and amenity review. This does not include an audition process to assess the 'quality' of performance.
Performance locations are unrestricted with the exception of designated non-busking areas.
There are no fees for applying or reapplying for a busking permit and no fees for selling CDs, DVDs or merchandise alongside a busking performance.
There are no repertoire requirements, no limits on group member numbers, and performance times are unrestricted.
Amplified busking is permitted at any time.
Additional current conditions for Bourke Street Mall buskers
Buskers must hold a general area busking permit for a minimum of six months to qualify for a permit to busk in the Bourke Street Mall.
Sites are allocated weekly via a ballot system that buskers must attend.
Additional current conditions for circle act performers
Pitch allocations are conducted via a draw by performers on Saturdays at 1pm and Sundays at 11am.

b) Proposed changes to busking permits conditions
The following would be applicable to all busking permits:
Buskers and circle act performers would be assessed via an audition process to establish a minimum performance standard (in addition to the existing safety and amenity review).
Auditions would be held monthly (or more often, depending on season and application volumes).
It is proposed that a fee for re-applying for a busking permit be introduced. The first 12-month permit would remain free of charge. See proposed permit fees for more information.
It is proposed that an annual fee for selling CDs, DVDs or merchandise as part of a busking performance be introduced.
Buskers could perform for a maximum of two hours per day at each location. (Not applicable to Circle Act or Bourke Street Mall performers.)
Duration of performances could not exceed 30 minutes per set and there must be a minimum interval of ten minutes between sets. (Not applicable to Circle Act or Bourke Street Mall performers.)
Upon completion of the two-hour maximum for that location, the busker would be required to move to another busking location (at least more than four building frontages away). (Not applicable to Circle Act or Bourke Street Mall performers.)
Group acts are limited to three performers in General Area Busking areas, and larger groups would be assessed on a case-by-case basis.
Amplified busking would be permitted only from 8am to 10pm Monday to Thursday, 8am to 1am Friday and Saturday, and 9am to 10pm on Sunday
Roaming outside of a single site would not be permitted (unless in accordance with a specific circle act busking permit where the performance occurs at a single site).

Internet information
On September 5, 2006, the Planning Committee of the Melbourne City Council released a report titled, 'Management of Busking in the City of Melbourne'.  The report outlines current pressures on the city that involve busking and acts as valuable background to the current proposals.  It includes interviews and survey results that attempt to gauge Melbournians' attitudes to buskers.
The report is quite long (78 pages) however it is clear and very informative.
The full text of the report can be found at This location

On October 29, 2009, columnist Jeff Corbett argued that buskers are essentially beggars in a comment published in The Newcastle Herald.
The full text of the comment can be found at This location

On May 4, 2010, an opinion piece by columnist Lucy Kippist was published in The Punch.  The comment titled 'Hey city-slickers, stop shouting about the noise' argues that city dwellers are unreasonably sensitive to noise pollution.
The full text of the comment can be found at This location

On September 2, 2010, the Melbourne City Council issued a media release titled, 'Active streets to keep time with city beats'.  The media release announces and promotes the Draft Street Activity Policy 2010.  The full text of this media release can be found at This location

On September 2, 2010, The Daily Telegraph published a brief news report titled 'Buskers could be forced to audition for permits' written by Evonne Barry.
The article gives a quote from Melbourne Lord Mayor, Robert Doyle.  The article can be found at This location

On September 2, 2010, the ABC issued a report titled "Buskers worried about audition plan'.  The report gives the views of both the Melbourne Lord Mayor, Robert Doyle, and some of those who oppose the Council's proposals.  The full text can be found at http://www.abc.net.au/news/stories/2010/09/02/3000508.htm

On September 2, 2010, The Melbourne Leader published a news report titled, 'Buskers, horses face CBD crackdown'.  The article outlines the Council's proposal and the reactions of some of those affected.  The article is followed by a comment by Vivien Leigh opposing the proposals.  The text can be found at http://melbourne-leader.whereilive.com.au/news/story/buskers-horses-face-cbd-crackdown/

On September 10, 2010, The Sydney Morning Herald published an opinion piece by Myf Warhurst titled, 'The beat of a different drum'.  The piece is a defence of buskers good and bad.  The full text of this article can be found at http://www.smh.com.au/opinion/society-and-culture/the-beat-of-a-different-drum-20100909-15385.html

On September 13, 2010, Emma Woodall's comment criticising the proposed restrictions to be placed on buskers in Melbourne. The comment is titled, 'Melbourne's Buskers to be Censored?' and was published in Beat Magazine.  The comment can be found at http://www.beat.com.au/content/melbournes-buskers-be-censored

On September 16, 2010, The Melbourne Leader published a report titled, 'Southbank busker criticises Melbourne Council' written by Nic Price.  The report gives the views of young Melbourne busker, Fraser Miller, who is very critical of the proposed auditions.
The article is follwed by two comments, each also from a Melbourne busker and each opposing the Council's proposals.  The full text of this article can be found at Click on this line (URL too long to include)

On September 20, 2010, James Smith presented an analysis of the increasing hostility toward noise pollution among those living in Melbourne.  The article was published in The Age's real estate supplement Domain.  Titled 'Shush turns to shove' it can be found at Click on this line (URL too long to include)

Arguments in favour of buskers being auditioned and having other restrictions placed upon them
1.  Buskers' music can be very loud
It has been claimed that the noise level of many street performers is in need of effective regulation.
The following is extracted from a complaint cited in a City of Melbourne Council Report on the management of busking released in September 2006.  The complainant stated, 'I am writing to make a complaint about a busker who was playing the bagpipes (extremely badly) out the front of Southern Cross Station beginning at 8am this morning. I am a resident in Liberty Tower, the residential building across the road from the station, on the corner of Collins Street and Spencer Street. I have been living here for over 2 years and never experienced such flagrantly unacceptable noise pollution.
I have consulted your online guide for busking and this man clearly violated the noise level guidelines considering that the guidelines state performances should only be heard by those watching the performances. I live 9 floors up in an apartment across the street with double glazed glass but was still woken up by the man.'
The new regulations respond to citizen complaints about the noise of some buskers by limiting when and where amplified music can be played.  It would appear to be the Council's view that so far as noise pollution is concerned amplified music represents the most extreme form of the problem and needs to be controlled.
Cr Richardson, referring to the Byron Bay, told The Northern Star on October 6, 2010, 'A lot of buskers use amps to be heard over the traffic.'
The Lord Mayor, Robert Doyle, has stated, 'These are our streets. You can't just set up an amplifier, grab a microphone and warble away at the top of your voice. It does have to be a pleasant experience.'

2.  There are many who do not like buskers' music
It has been claimed that many Melbournians do not enjoy buskers' music and regard it as noise pollution.  On April 20, 2010, information from the Melbourne City Council was published in The Herald Sun.
Figures from the City of Melbourne reveal that 162 "requests for investigations into noise issues" involving buskers and spruikers were lodged in 2009.  This figure represents an increase of 35 per cent over the year before. 2009 was the first time musicians and sales people headed the list for noisy irritants.
Responding to such complaints, the Lord Mayor, Robert Doyle, has stated, 'Sometimes it is about noise...
And that's fair enough, people don't want to be assailed with wailing people as they come [into the city] ... And I think that's reasonable.'
It has been noted that an increase in inner city living appears to have reduced tolerance for noise and increased the number of noise related complaints.
As more apartment towers are built in inner Melbourne and higher-density living is encouraged, disputes over noise have grown more common.
On September 20, 2010, The Age's real estate supplement, Domain, reported, 'In 2009, the City of Melbourne dealt with 2775 noise-related complaints, ranging from construction and street cleaning to buskers and spruiking.
The Environment Protection Agency, which sets allowable noise levels, estimates residential noise "significantly annoys" 770,000 Victorians every year.
"It's becoming more of an issue," says Matthew Stead, chairman of the Australian Association of Acoustic Consultants, a body that rates the acoustic standards of buildings.'

3.  It is necessary to ensure that the music which is played is of 'artistic merit'
The Melbourne City Council has proposed that prospective buskers will have to audition before a panel which will determine their musical talent and the range of their repertoires.  That is, potentially performers must be judged to have musical ability or 'artistic merit' and they must be able to play a wide variety of songs.
The Lord Mayor, Robert Doyle, stated, 'We could just have a rolling panel that actually says, 'Yes, you've got a repertoire. Yes, you do have a requisite degree of skill. Yes, you understand the rules about noise.' Then we could allocate places to them so we're maximising people's enjoyment in the city rather than them feeling that it's a just a continual assault on their ears.'
Robert Doyle has gone on to explain, 'I hope this is the end of the dodgy buskers ... You will need a permit. There will be fines if you don't have that permit and you'll need to go through an audition process ... The idea is not that this is sort of "Melbourne's Got Talent". That's not what we're after. But we are trying to say, "Look, there is a baseline".'
Lord Mayor Robert Doyle has further stated, 'I'm looking forward to seeing the talent on offer. Let's showcase the best and forget the rest.'

4. Melbourne retailers, other businesses and residents are being permanently inconvenienced
It has been claimed that for some Melbournians the buskers do not pose a passing annoyance.  For those occupying business or residential premises in the city, buskers can represent a permanent noise nuisance.  This point was made in a Victoria University of Wellington law review re busking and bylaws.  The review stated, 'Some buskers make noise rather than music, and shopkeepers and office workers, who cannot adopt the same avoidance measures as pedestrians, are most susceptible to poor quality and repertoire, or unpleasant volume.'
The Lord Mayor stated, 'You can't have someone standing on the corner of Little Collins and Swanston singing the same thing over and over again for eight hours.'
The impact on staff in particular working in Melbourne retail outlets seems to be significant. In a Melbourne City Council Planning Committee Report on 'The Management of Busking in the City of Melbourne' released on September 5, 2006, it was stated, 'Part of the negative reaction could possibly be attributed to staff having to listen to the same busker regularly.'
Residents have also complained that having buskers stationed outside their homes for long periods of time was very distressing.  One Melbourne resident, who asked to remain anonymous, has stated, 'The quality of the acts is not the issue. It's the constant noise.
It's great if you're walking by for five minutes but what if you're living here? Noise pollution is a serious issue.'
In the Melbourne City Council Planning Committee Report on 'The Management of Busking in the City of Melbourne' it was stated, 'The increase of residential space in what was once predominantly entertainment/recreational areas is a factor in the increase of noise complaints against buskers, especially in Southbank where new residential developments are impinging on the suitability of sites for buskers wishing to perform.'
Mr Doyle has stated that the new plans mean council can revoke permits and issue infringement notices to repeat offenders who break the set noise levels and allowable busking hours.

5. Buskers do not make Melbourne an accessible and welcoming place for tourists and others
The mayor of Melbourne, Robert Doyle, has stressed that the city should be one that welcomes visitors and so any street entertainment that is offered needs to contribute to that.  
The Lord Mayor stated, 'The last time street activity was reviewed was seven years ago, and the city is a vastly different place now with more than 790,000 people coming into the city each day.
Our role as Council is to ensure that everyone granted with a permit to use our street space for business purposes does not impact upon the accessibility or enjoyment of those visitors.'
It has been claimed that buskers regularly impede foot traffic.  In March 2009, buskers David Hedges and Anthony Simmons were approached by stadium security staff at Docklands during the Richmond vs Collingwood game, and were told to clear the area.
Police were called in after the pair refused security staff requests to leave.
A police spokesperson said police were called in after stadium management noticed the pair impeding pedestrian flow across the bridge.
It has further been claimed that many buskers are little more than musical beggars and that their intrusive demands are not an appropriate way of welcoming either tourists or regular visitors to the city.
Jeff Corbett in an opinion piece published in The Newcastle Herald on October 30, 2009, stated, 'There is no material difference between the fellow who bangs bongo drums as prospective contributors approach and the alcoholic who asks passers-by for $2. And the buskers' claim that they are street performers or entertainers is arrant nonsense. Even those few who do have musical ability are not offering entertainment for the minute it takes a pedestrian to pass...'

Arguments against buskers being auditioned and having other restrictions placed upon them
1. This will reduce the vitality of Melbourne streets
It has been claimed that the wide variety of acts currently being performed on Melbourne streets makes an important contribution to the life of the city.
Melbourne-based radio announcer and writer, Myf Warhurst, has stated, 'Buskers are an important part of Melbourne, whether they are wonderful or woeful...There's something to be said for all types of buskers, not just the polished ones. If we set the bar too high, we're in danger of locking out those more marginalised or not quite up to scratch and messing with what makes our Melbourne city streets unique.'
Similarly, Emma Woodall, in a comment posted on Beat Magazine's Internet site on September 13, 2010, stated, 'Melbourne's buskers are a cultural institution in this city. To lose the colour and sense of culture which they bring to Melbourne's streets would be nothing short of a tragedy, and an insult to the liberal democracy in which we exist.'
In an editorial published in The Age on September 3, 2010, it was stated, 'In any city, some buskers will be indescribably awful, most will be tolerable, and a few may be artists of genius in the making. It is a mix that makes the streets interesting...'
Concern has also been expressed as to whose judgement of what is suitable will be imposed on the buskers.  Who will make up the auditioning panel judges?  The fear is that if their tastes are narrow, this will reduce the variety and vitality of street performances.

2.  Buskers represent a more controllable noise nuisance than most
Noise, defenders of busking claim, simply comes with living, working or doing business in a major city such as Melbourne. However, it has been argued, although a substantial level of noise is an inevitable feature of city living, most of this noise does not come from street entertainers.
Lucy Kippist, in an article published in The Punch on May 10, 2010, stated, 'It's never, never, ever, ever going to be quiet. Never.  You're going to hear sirens, hoons, trucks, rumble of rush hour, children playing on the street, neighbours having a party, neighbours having a fight...
So why is it that despite the very obvious nature of these noises, there are some people who remain intent on complaining about them, at great length?'
It has further been noted that for most Melbournians the noise created by buskers is relatively avoidable, unlike the noise of traffic and sirens, in that the shopper or city worker does not have to stay and listen to a busker's performance if it is irritating.  The passerby can simply walk on.
As a consequence of listeners' freedom not to listen it has been argued that only those buskers who offer people entertainment will attract enough custom to survive.
An editorial published in The Age on September 3, 2010, stated, 'Very few buskers do have only one song, and those who do rarely survive for long. Simply, there's no money in it. Market forces quickly weed out underperforming buskers...'

3.  These restrictions would limit musicians' opportunities to develop their craft and become known
It has been claimed that becoming an established musician requires the performer to have had a range of opportunities to work before an audience.  Busking is one informal and currently accessible way of acquiring such experience.
There is concern that if only established, experienced performers are allowed to busk, then one valuable means of learning to become a public musician will be removed.
Jessica Paige, 25, who makes a living out of busking, said she hoped the audition process would not discourage budding artists.
Ms Paige has stated, 'No one starts out sounding fantastic, or being great at anything, you always have to work.'
Another Melbourne busker, John Shaw, has stated, 'The music industry is so hard to get started in the first place. I just fear that the fees and restrictions that are being proposed will stifle already struggling musicians.'
Similarly Melbourne busker Luka Lesson has stated, 'No one starts out good and that's why people busk because they can't get a gig yet and so that's your training ground.'
Melbourne-based radio announcer and writer, Myf Warhurst, has also stated, 'Some well-known artists with bucket loads of talent started out this way. They, too, may have had difficulty providing the required five points of ID. Ted Hawkins was an American performer who lived much of his life on the street, struggling with bouts of addiction. He was rediscovered in his 50s, got an international recording contract, turned his life around and toured the world.'

4.  For some musicians, busking makes an important contribution to their livelihood
It has been claimed that for some musicians, especially those trying to establish themselves, busking is an important supplement to their livelihood.
Emma Woodall, in a comment posted on Beat Magazine's Internet site on September 13, 2010, stated, 'This proposition could ... mean a significant financial blow to many of these performers, many who live below the poverty line and use their performances not only as an outlet to express themselves, but a financial endeavour, where the small monetary takings help to supplement the meagre income they already receive.'
It has also been claimed that for some people in difficult circumstances busking may be a major part of their income.
Melbourne busker Luka Lesson has stated, 'There are people I know with a mental disability and that's their only means of support.'
Melbourne-based radio announcer and writer, Myf Warhurst, has stated, 'Some buskers would have difficulty getting to the audition stage. Not because they're slack, they may simply not have the means to record a demo, get a bio or MySpace page together. If you're struggling to find a place to sleep, you're probably not that concerned with updating your Facebook status.'
Myf Warhurst also noted, 'Popular bearded bluesman Seasick Steve occasionally lived rough and sometimes busked. He's now performing international festivals and concert halls. A crazy-bearded-guy-playing-guitar-in-the-corner made good, I'm sure he was thankful for that bit of extra coin that helped keep him going.'

5.  This is a revenue-raising measure on the part of the Council
Critics of the proposed new regulations are skeptical about the reason for their imposition.  Some say that if the Council's intention is simply to regulate the quality and location of buskers there is no need to charge them a variety of fees.
Some have suggested that these fees are merely a revenue-raising measure for the Council.
In a comment published online in The Melbourne Leader, Vivien Leigh stated, 'The proposed new fee for street buskers is yet another piece of hypocrisy by Cr Doyle. If, as he states, his purpose is so that "it does not impact upon the accessibility or enjoyment of those visitors" that come to the cbd, he would simply limit the numbers instead of slugging the poor buskers $50-$200 and $200 for horse-drawn carriages. Clearly, his aim is revenue raising..."
Fraser Miller, 19, busks at Southbank about twice a week. Mr Miller has claimed, 'The council's proposal to charge buskers $50 a year for a permit or $200 a year to sell CDs or merchandise was a shameless money grab.'

Further implications
It will be interesting to see in what form the Draft Street Activities Policy is implemented. The Council is calling on interested parties to make submissions in response to this draft policy by October 23, 2010.  The Lord Mayor, Robert Doyle, has stressed that the Council will respond to the submissions it receives.
This is not the first time that there have been proposals to more strictly regulate street activity.  Previously these suggestions have not been substantially acted upon.
Now, however, there are increasing pressures to regulate aspects of Melbourne street life.  One of the key demographic changes that is occurring is an increase in the number of people now living in the city.  The growth of Melbourne as a residential centre is putting greater pressure on the Council to reduce noise pollution. It appears that the growing number of complaints about the noise problems created by buskers are largely from those living in the city.
Despite this, there is a great deal of pressure to leave the city's buskers relatively unregulated.  They are generally popular with visitors and tourists and the city has a well-established tradition of a vibrant street life.
The Council's Draft Street Activity Policy has wider implications than its potential impact on buskers.  The proposed regulations will restrict the actions of spruikers, handbill distributors and those who operate horse-drawn vehicles.  If these regulations are adopted it seems Melbourne will become a more regulated city but have a less diverse street life.  The Council maintains that the city will retain diversity and gain better quality entertainment, greater ease of movement and crucially, less noise.  On that last question it appears that the Council's judgement may be both loaded and premature.  Though Melbournians may have complained about buskers' noise pollution more than they did any other form, this should not disguise the relatively small contribution buskers make to the noise levels in the city.
In 2009, the City of Melbourne dealt with 2775 noise-related complaints, ranging from construction and street cleaning to buskers and spruiking. Of these only 162 related to buskers and spruikers.

Newspaper items used in the compilation of this issue outline
The Herald-Sun: September 3, page 21, news item (photo) by Evonne Barry, `Buskers told to audition'.
Click on this line (URL too long to include)

The Australian: September 3, page 7, news item (photo - ref to possible bans, banning) by Stuart Rintoul, `Mayor in a song and dance over busking'.
http://www.theaustralian.com.au/news/nation/mayor-in-a-song-and-dance-over-busking/story-e6frg6nf-1225913526469

The Age: September 3, page 18, editorial, `Let bad buskers take their chances'.
http://www.smh.com.au/opinion/editorial/let-bad-buskers-take-their-chances-20100902-14rjj.html

The Age:September 3, page 9, news item by Jason Dowling, `Doyle out to silence "dodgy" city buskers'.
Click on this line (URL too long to include)

The Age:September 3, page 9, news item (photos - ref in part to "auditions" proposal) by Adam Carey, `Travelling singer has whale, not wail, of a time in prime city spot'.
http://www.theage.com.au/victoria/travelling-singer-has-whale-not-wail-of-a-time-in-prime-city-spot-20100902-14roj.html

The Age:October 6, page 26, analysis (photo) by Adam Carey, `Going for gold'.
http://www.theage.com.au/national/melbourne-life/going-for-gold-20101005-1665f.html