Guidelines for Busking in Jersey: proposed changes [P.113/2019]

STATES OF JERSEY

r

GUIDELINES FOR BUSKING IN JERSEY: PROPOSED CHANGES

Lodged au Greffe on 21st October 2019 by Deputy M. Tadier of St. Brelade

STATES GREFFE

2019  P.113

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to request the Bailiff to amend the Guidelines for Busking in Jersey to –

1. allow amplification;
2. waive the permit fee (currently £30) for 2020; and
3. remove the requirement, from 2020, that all monies raised from busking during the month of December be given to charity.

DEPUTY M. TADIER OF ST. BRELADE

REPORT

Under current arrangements, busking remains within the scope of the Bailiff 's common law power to regulate public entertainment. In turn, the Bailiff has for some years now delegated to the Jersey Arts Centre responsibility for operating a permit system. The Guidelines for busking in Jersey are attached in Appendix 1 to this Report.

Following a Written Question from Deputy R.J. Ward of St. Helier in October 2018, I stated that I was "currently reviewing previous relevant policy development work carried out by officials, together with the position in Guernsey – where a more liberal approach to busking and street entertainment is understood to work well – with a view to considering possible options for reform." And that:

In the intervening period, my provisional view has been –

1. that  the  prohibition  on  using  electrical  amplification  is  a  blunt  tool  for controlling noise and one that discriminates against certain types of instruments and musicians. For example, it possible for a brass band, with full percussion to be able to play without amplification, whereas a musician with an electric guitar or keyboard would be unable to play at all;
2. that the £30 busking fee might deter or be excessive for occasional buskers, as well  as  those  who  busk  solely  for  charity.  Given  that  there  [were]  only 20 official buskers registered this year, a trial reduction or waiving of the fee might generate more interest; and
3. that the fairness and equity of the current obligation on buskers to give all earnings to charity during the Christmas period' may be open to challenge.

Amplification

It is quite common for buskers to (need to) use amplification, especially for instruments such as harps, guitars, harmonicas, and for singing. As suggested above, it is a question of musical necessity for some instruments, not least for plug-in keyboards, electric guitars, etc. Whilst an accordion, trumpet and drums are all capable of being heard without additional amplification, many instruments will struggle to be heard without.

Concerns about  general volume are of course  valid, but these do not depend on amplification per se.

A sensible approach to take is to mirror the wording in the Guernsey guidelines: "Music or voice at all of the above sites may be amplified but not to an unacceptable level."

Permit Fee

2020  is  a  very  special  year  for  Jersey,  a  jubilee  year,  when  we  celebrate  the 75th Anniversary of our Liberation. Whilst the key commemorations will be focused in and around May 2020, there are general plans to spread events and entertainment throughout the year. As an Assistant Minister with responsibility for Culture, I would like us to do our utmost to encourage new musicians and artists to take to the street and perform, without having to worry about a fee for next year.

This would be coupled with a recruitment drive to publicise the free permit for 2020 and to highlight that Jersey is a busking-friendly Island.

The requirement to pass an audition would still remain in place for new entrants to the scheme, as a quality control.

Removal of the December charitable donation requirements

Jersey is a generous place in terms of its charitable giving, and many performers busk entirely for (charitable) fundraising purposes, whilst others do so from time to time.

As things currently stand, the guidelines require that all monies earned in December be given to charity and that 15% be given to the joint Christmas appeal. This compulsion is draconian, in my view. It is one thing to encourage charitable giving, and another to compel it.

This said, the changes would only come into force in December 2020, meaning all monies earned in December 2019 would still be given to charity.

Appendix 1 contains a copy of the guidelines as they currently stand.

Appendix 2 contains WQ.178/2018 and  Appendix 3  contains WQ.131/2019, both questions asked of the Minister for Economic Development, Tourism, Sport and Culture by Deputy R.J. Ward of St. Helier .

Financial and manpower implications

There are no financial or manpower implications for the States arising from the adoption of this proposition.

"WQ.178/2018

WRITTEN QUESTION TO THE

MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE

BY DEPUTY R.J. WARD OF ST. HELIER

ANSWER TO BE TABLED ON TUESDAY 9th OCTOBER 2018

Question

What consideration, if any, is being given to amending the current provisions for busking (particularly in relation to amplified instruments) with regard to reducing or abolishing  the  license  fee  and  to allowing  buskers  to  keep  their  earnings  during December?

Answer

Busking remains within the scope of the Bailiff 's common law power to regulate public entertainment. In turn, the Bailiff has for some years now delegated to the Jersey Arts Centre responsibility for operating a permit system. Guidelines for busking in Jersey are available from the Jersey Arts Centre.

In his capacity as Assistant Minister for Economic Development, Tourism, Sport and Culture, Deputy M. Tadier is currently reviewing previous relevant policy development work carried out by officials, together with the position in Guernsey – where a more liberal approach to busking and street entertainment is understood to work well – with a view to considering possible options for reform.

In the intervening period, the provisional view of the Assistant Minister is –

1. that  the  prohibition  on  using  electrical  amplification  is  a  blunt  tool  for controlling noise and one that discriminates against certain types of instruments and musicians. For example, it possible for a brass band, with full percussion to be able to play without amplification, whereas a musician with an electric guitar or keyboard would be unable to play at all;
2. that the £30 busking fee might deter or be excessive for occasional buskers, as well as those who busk solely for charity. Given that there are only 20 official buskers  registered  this  year,  the  Assistant  Minister  considers  that  a  trial reduction or waiving of the fee might help establish whether a lower fee would generate more interest; and
3. that the fairness and equity of the current obligation on buskers to give all earnings to charity during the Christmas period' may be open to challenge."

APPENDIX 3 "WQ.131/2019

WRITTEN QUESTION TO THE

MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE

BY DEPUTY R.J. WARD OF ST. HELIER

ANSWER TO BE TABLED ON TUESDAY 12th MARCH 2019

Question

With reference to the answer to Written Question 78/2018, can the Minister state what progress has been made with updating current busking permissions?

Answer

Busking remains a matter for the Bailiff exercising common law powers.

However, as outlined in previous answers given on the matter, it is an area of interest for the Assistant Minister, Deputy Tadier , who has outlined the potential for some changes to the busking guidelines, particularly in relation to Christmas busking and amplified music.

The Assistant Minister has held discussions with the Bailiff 's office who currently manage the administration of busking with the support of the Jersey Arts Centre, under the remit of public entertainment.

He has also met separately with the Arts Centre director to discuss possible changes to the guidelines.

Discussions are continuing with the Bailiff 's Office to determine what changes might be made as well as what steps could be taken to facilitate and promote busking and street entertainment. This will also involve discussions between the Assistant Minister and other stakeholders, including the Parish of St. Helier ."