Proposals around busking crackdown in Birmingham city centre move closer to approval

Birmingham Council said earlier this year it was considering the introduction of a Public Space Protection Order (PSPO) to combat ‘excessive noise levels’ in a number of city centre streets.

The authority argued at the time that the issue was impacting businesses; residents trying to relax at home and landlords attempting to let properties.

Within the areas covered by the order, people would be banned from using amplification equipment, musical instruments or other items used as instruments.

It would crack down on noise associated with busking, street entertaining, street preaching and public speaking affecting people living in the area and businesses.

But a new council report has now revealed a “varied response” to the proposed PSPO following a public consultation.

Out of the 395 respondents, 42 per cent agreed that a PSPO was the “correct tool to tackle excessive noise” while 57 per cent did not agree, with one per cent not answering.

The council said however that “further analysis” was conducted to identify respondents who live or work in the area, and found 53 per cent (92) agreed that a PSPO was the correct tool.

The report also added that it had to consider the feedback from organisations and businesses.

The report said: “In August 2022, the city council introduced two PSPOs aimed at controlling excessive noise levels from street-based activities affecting residential properties in the city centre.

“These PSPOs are due to expire on August 14, 2025.

“Since the introduction of the PSPOs, there has been an increasing number of complaints from residents and businesses outside of the areas of the existing PSPOs about noise levels on the street.

“Attempts to resolve these issues informally have often been unsuccessful or short-lived.”

The report stated that “existing enforcement arrangements” have been found to be ineffective in dealing with the noise levels on the street outside of the PSPO area.

It said: “As such it is necessary for the council to consider formal action to resolve the problem."

The council added in its report that statements in support of declaring a new, wider PSPO have been received from businesses and city centre officers.

With this in mind, it’s been recommended that cabinet members at the council approve the declaration of the PSPO and that officers should explore the feasibility of a ‘consent/permitting scheme’ for city centre busking.

Cabinet have also been recommended to consider a number of factors when making its decision, including the statutory duty to protect residents from noise nuisance and the possibility that the consultation “will be skewed”.

“It is possible for responders never to visit Birmingham and indeed may not live in the UK (as has occurred previously),” the council report said.

“Ultimately consultation is not about doing what the majority thinks but about finding out what different people think before making a decision.

“The council is not bound to go with the majority having taken their views into account but it does need to consider their views before deciding what to do.”

The PSPO proposals have been met with backlash this year, with Stephen Brown, the Musicians’ Union Midlands regional organiser, previously claiming that the council was “using a sledgehammer to crack a nut”.

He said: “They revealed in conversation with the MU that not all buskers are a problem.

“But rather than deal with anyone causing a statutory nuisance in a reasonable way, they have chosen a more draconian way to address the issue, by proposing a blanket ban affecting all buskers.”

He said a more “nuanced approach” was the answer, by permitting daytime busking in the city centre through a “better management scheme of noise control and agreed pitches”.

Ian Manborde, Equity’s Midlands regional official, said: “In a city that has already cut all of its arts funding, the creative sector is being delivered another blow by the city council."

A city council spokesman said in response to such concerns: “Birmingham is a bustling, cosmopolitan city centre, and we want everyone who lives, works and visits it to be able to enjoy what it has to offer.

“The council is not considering introducing this PSPO without reason.

“We have received a significant and consistent number of complaints from both residents and businesses that there are too many people causing noise in the street and, despite being asked to moderate their noise levels, there has been no respite for the affected people.”

The council has said previously that one of its officers even reportedly suffered temporary hearing loss when they approached an individual who was using amplification equipment.

The recently-published report added that officers are aware of “altercations” that have taken place between buskers and preachers on the street who have been competing for space.

“One busker advised that he had moved location due to another busker playing at ‘stadium volume’,” it went on to say.

Areas covered by the proposed PSPO would include Victoria Square, New Street, Temple Street, Cannon Street, Needless Alley and part of Waterloo Street.

The proposals will be considered at the council’s cabinet meeting on Tuesday, July 22.