Busking in Worthing

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01903 221068

licensing.unit@adur-worthing.gov.uk

Busking

Worthing Borough Council recognises the need to encourage and promote street entertainment in the form of live music, dance and theatre for the wider cultural benefit of the community, particularly for children.  The potential for some limited disturbance from time to time in certain areas of the town centre will be carefully balanced against these wider benefits. However, where genuine complaints of nuisance are received the council will take the appropriate enforcement action.

This information is designed to provide buskers, businesses, local residents, and visitors to the borough with both guidance and legal information to ensure that whilst street entertainment creates a lively & fun atmosphere there is no noise disturbance or intrusive behaviour to neighbouring businesses, residents or the surrounding environment.

Any receipt of complaints through noise disturbance may lead to prosecution under the Noise & Statutory Nuisance Act 1993 or Section 136 of the Licensing Act 2003.

The Law

Under the Licensing Act 2003 the borough has in place a number of premises licences for a number town centre streets, parks and areas of the promenade to allow and encourage a diverse and exciting selection of street entertainment. However, Worthing has an extremely busy town centre attracting large numbers of visitors, shoppers and organisations wishing to use the streets. As a result the provision of street facilities to be used by charities, non-profit organisations, businesses and entertainers has to be carefully managed to maximise the benefits for all. 

To help facilitate this the council insists that a busker must have an authorised permit to perform in the licensed streets in the town centre to enable the management of the borough’s licences, entertainments and events. Busking in Worthing town centre is regulated by the Worthing Town Centre Initiative. Busking permits are issued on a monthly basis but are free of charge.

It is acknowledged that busking is not a licensable activity under the Licensing Act 2003. However, under the Noise and Statutory Nuisance Act 1993 if the noise level is deemed to be a statutory nuisance then the Council has the right, along with the Police, to take action against those who cause or allow a nuisance to occur. A busker may be asked to stop; failure to comply can lead to prosecution and/or the confiscation of equipment.

Disturbance

If you feel that a busker is not adhering to the buskers’ code, and the performance is disturbing yourself or others either at your residential home or outside your place of work please contact the Town Centre Manager, WBC's Environmental Health Pollution Team or Sussex Police any of whom may, on receipt of any formal complaint, take action including as a last resort prosecution.

Advice for Buskers

What a Busker should be doing:

• Visit the Worthing Town Centre Initiative office to complete registration for a monthly busking permit.
• Busk within the allocated time between10:00hrs and 17.00hrs within the authorised areas changing site every 30 minutes to avoid any complaints from local businesses and residents.
• Keep the volume of the performance at a reasonable level.
• Move on, or stop if required by an authorised Local Authority Officer or Police Officer. If you do not do this then you may be liable to be prosecuted. Buskers should note that pre-booked organised events take priority over busking.
• Avoid busking in the direct vicinity of any public telephone boxes, doorways, cash dispensers and post boxes to ensure that the public can access these at all times.
• Keep yourself and equipment close to you whilst busking in the designated zone so not to obstruct any members of the public.
• Respect your audience.
• Provide variety in the music that you choose to perform.
• Clean up any litter that is left when the performance has finished.
• Ensure all requirements regarding PRS and PPL licences are met.
• Enjoy yourself and entertain!

 What Buskers must not do:

• Cause any obstruction to members of the public.
• Use furniture in the street such as public seats, lamp posts, and bins while busking.
• Use stands, stalls or gazebos.
• Use any signs asking for or prompting payment.
• Personally collect payment but instead use a hat or instrument case to receive money for performing.
• Collect any money or monies for charities, or charitable purposes, as the law requires a street collection permit be aquired and failure to obtain one is a prosecutable offence. 
• Sell any merchandise such as CDs, and tapes in the town centre as you are in a controlled area for street trading. Breaches of street trading regulations could result in prosecution for illegal street trading liable to fines of up to £1,000 per offence. If such sales are required you need to apply to Licensing Unit.
• Engage in performances that would be considered to be illegal, offensive, cause alarm, or put members of the public in danger. For instance street hypnotism acts are illegal.
• Entertain or perform within a location of 50 metres of another entertainer who is also performing.
• Produce noise (for example music and voice) that is so loud that it can plainly be heard at a distance of 50 metres. Busking must not be intrusive or a nuisance to nearby premises.
• Use amplification equipment on week days. Permission may be obtained to use amplifiers on Saturdays and Sundays.
• Perform for longer than 30 minutes in any location and you should not perform again in that location on the same day.
• Obstruct the highway. Entertainers are also responsible for ensuring that the highway is not obstructed by people gathering to listen or to watch the performance. The highway includes any pedestrianised areas.

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