Birmingham's controversial busking crackdown given green light

The city council will introduce a Public Space Protection Order (PSPO) in a bid to tackle ‘excessive noise levels’ in some streets.

The authority said earlier this year that the issue was impacting businesses; residents trying to relax at home and landlords attempting to let properties.

But there were warnings Birmingham risked becoming the country’s “least friendly city” for street performances if the divisive proposals went ahead unchanged.

A ban on using amplification equipment, musical instruments or other items used as instruments will apply in the streets covered.

The order will focus on noise associated with busking, street entertaining, street preaching and public speaking affecting people living in the area and businesses.

At a meeting today, July 22, Labour cabinet members backed the PSPO. Coun Nicky Brennan said: “I’m sure we’re all familiar with examples of walking through town when the noise levels are too loud.

“And we must remember for some residents who may have sensory sensitivities, this can cause increased anxiety, stress and mental fatigue.”

Conservative councillor Ewan Mackey said businesses in the city centre were “equally important” as residents.

But Liberal Democrat councillor Deborah Harries said busking was an “exciting part” of exploring a new city.

“Does Birmingham really want to be a city culturally that is […] not really interested in doing anything to protect its musical heritage in terms of The Crown and Station Street and bans the busker?” she said.

“There must be better ways than this absolute hammer to crack a nut.”

Labour Coun Sharon Thompson, deputy leader of the council, fired back by describing Coun Harries’ comments as “slightly disingenuous”.

“What we are talking about is excessive noise,” she said.

She said it was not true that nothing was being done with regards to The Crown, the pub known as the birthplace of Black Sabbath.

“I sit in the meetings,” she said. “I know we are doing things around Station Street so I think that’s quite disingenuous also.”

“There’s an absolute balance to be had,” Coun Thompson added. “I think we can have things that support the creative industry but we also need to support businesses and other areas as well.”

‘Our mental health is suffering immensely’

Several businesses backed the PSPO plan with some telling how city centre busking was taking a toll on workers and driving away customers.

One shop worker claimed “prolonged exposure” to noise from a busker had led to headaches and stress among staff.

“Our mental health is suffering immensely due to the constant noise pollution,” they said.

“We are not opposed to street entertainment,” another business wrote. “In fact, we believe that busking – when well-managed – can enhance a city’s cultural appeal and vibrancy.

“However, what is currently happening in Birmingham is not structured or regulated busking – it is, frankly, a free-for-all.”

A number of buskers said compromises could be reached with one suggesting the council adopted a model similar to that of Busk in London with respect to basic licensing.

But the council’s director of regulation and enforcement Sajeela Naseer said that London had a “specific piece of legislation which enables it to have a licensing scheme”.

“Birmingham doesn’t have that legislation,” she said. “There is no quick and easy answer to these issues and we need to balance the rights of residents and businesses against those who wish to make music and other amplified noise in the city centre.”

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

The council said there had been an increasing number of complaints from residents and businesses about noise levels outside areas covered by two existing PSPOs, which are due to expire next month.

It said “existing enforcement arrangements” had failed to deal with the issue in those streets and it had received statements in support of declaring a “new, wider PSPO” from businesses.

Cabinet members approved the declaration of the PSPO and that officers should also explore the feasibility of a ‘consent/permitting scheme’ for city centre busking.