The Committee is asked to consider the Voluntary Code of Conduct for Street Entertaining and Busking In Swale. 

The Cabinet Member for Community Safety and Health and the Economy and Community Services Manager have been invited to attend for this item.

The Chairman welcomed the Cabinet Member for Community Safety and the Economy and Community Services Manager to the meeting.

The Cabinet Member for Community Safety and Health introduced the item which set out a draft Voluntary Code of Conduct for street entertaining and busking in town centre locations in Swale.  He advised that this was the first policy/code of conduct for busking in Swale and with emerging street entertainment, this would be a useful document.

The Economy and Community Services Manager (ECSM) explained that the proposal was a ‘light touch’ to help to create a more vibrant street scene in the Borough.  The code could encourage street performers as the diary of events increased.  It provided flexibility and was an informal approach. The ECSM explained that the code was voluntary at first to see how well it would be received, and it might need to have stronger terms in the future.

Members spoke and made comments on the Code as minuted below.

Members supported the proposal and a Member considered that the third bullet point – reference to assistance dogs needed to be reworded.

Discussion ensued on the proposed timings of 10am – 4pm.  The ECSM advised that this time period had come after discussion with other Local Authorities.  She recommended a clear cut-off point between day and night time entertainment.

Suggestions included: later time in the summer months; 10am to sunset; 10am to 7pm; 10am to 6pm; and 10am to 4pm GMT, 10am to 6pm BST.

The ECSM agreed to take a licensing comment in respect of some organisations having to purchase two licences, back to the Licensing Team.

Members discussed the recommended period that a performer could play and then have a break.  A suggestion was made to play for 30 minutes with a break of at least 20 minutes, and not perform again for two hours.

Further comments included:  either remove bullet point two on page 30, or make the comment stronger; it was up to the performer to arrange any copyright issues, not for the Council to advise; this was an excellent document; explanation needed regarding what was Council-owned land; some wording should be stronger; divide the document into two: voluntary code + guidance and advice; remove the word ‘drumming’; make the paragraph on performing time periods clearer; ‘close proximity’ needed to be more specific; copyright information needed to be there for advice and guidance; remove ‘please’ from bullet point two on page 29; and state ‘must not’ on bullet point three.

The ECSM explained that the document was ‘light touch’ with little involvement from the Council, and the local community would act as the policing agent.  In response to a question, see advised that there could potentially be issues of public liability to the Council on Council-owned land.  SBC were managing land that was normally considered to be KCC land, so Council-owned was not necessarily SBC-owned.  The Policy and Performance Officer advised that this could be referred to as ‘public realm’.

The Chairman thanked the Cabinet Member for Community Safety and Health and the Economy and Community Safety Manager for attending for this item.

Resolved:

(1)       That the feedback and input noted in the above minute on the draft Voluntary Code of Conduct for street entertaining and busking in Swale prior to consultation be noted.