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BUSKERS POLICY Adopted: 8 May 2017 TRIM: 052364.2017
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Buskers Policy Authorised by CEO 8 May 2017 · 5/8/2017  · BUSKERS POLICY Page 4 4.4.4 Buskers can only perform for a maximum of two hours in the one designated location. Upon completion

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Page 1: Buskers Policy Authorised by CEO 8 May 2017 · 5/8/2017  · BUSKERS POLICY Page 4 4.4.4 Buskers can only perform for a maximum of two hours in the one designated location. Upon completion

  

 

 

 

 

 

 

 

 

 

 

BUSKERS POLICY

Adopted: 8 May 2017

TRIM: 052364.2017

 

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BUSKERS POLICY

Page 2  

1. PURPOSE/ OBJECTIVES

This policy seeks:

a) To encourage activities that contribute to the colour and life of the Liverpool and to provide opportunities for alternative voices to be heard through public performance;

b) To provide an equitable system of use for popular busking sites in Liverpool among buskers earning a living through their art form;

c) To identify locations in Liverpool suitable as busking sites; d) To promote public safety and amenity, the protection of property and to help ensure the

safety of buskers and members of the public. e) To support the rights of buskers to express themselves in an artistic manner.

2. LEGISLATIVE REQUIREMENTS Anti-Discrimination Act 1977

Companion Animals Act 1998 Local Government Act 1993

Work Health and Safety Act 2011 3. DEFINITIONS

Authorised person: an appropriately delegated Council employee or a police officer Busker: a person who entertains in a public place by playing a musical instrument, dancing, singing, clowning, juggling, or performing acts of a similar nature with the intention of receiving donations from members of the public Permit: a Busking Permit issued under this policy Council means Liverpool City Council. Liverpool means the City of Liverpool Local Government Area.

4. POLICY 4.1 Principles 4.1.1 Buskers make an important contribution to the cultural life of a community by reflecting styles,

values and issues of society at large. 4.1.2 Busking is a valid means for artists and performers to express their creative talents, make a

living, provide cultural experiences and entertain members of the public. 4.1.3 Busking should not interfere with pedestrian traffic, the conduct of business on contribute to a

lack of safety or disturb public amenity.

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BUSKERS POLICY

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4.2 Busking permits 4.2.1 Anyone wishing to busk within Liverpool must obtain a valid permit from Council. 4.2.2 All applicants must apply for a permit in person and acknowledge and agree to comply with

the terms and conditions of the permit. 4.2.3 All applicants must provide the following information to Council when applying for a permit:

a) Full name; b) Residential address; c) Postal address; d) Contact phone number; e) Photo identification (driver’s licence, passport, student ID card); f) Description of performance or visual demonstration (for example, a performance on

YouTube); g) Any other information reasonably required by Council h) Certificate of Currency

4.2.4 The details of all buskers holding a permit will be entered into a register of approvals granted

by Council. 4.2.5 Buskers must display their permit when busking at all times. 4.2.6 A permit will be valid for a period of six months, except where varied by a condition of approval

set out in the permit or if the permit is revoked or modified by Council. 4.3 Eligible criteria 4.3.1 Buskers must hold a public liability insurance policy to the value of $10 million and this must

cover the entire license period. A certificate of currency must be provided in the name of the busker for a permit to be issued by Council.

4.3.2 Council may, in special circumstances, provide the public liability cover required for major

events (up to 15 annual permits). 4.3.3 Buskers must not obstruct pedestrian flow, fire exits, busk in doorways or incorporate street

furniture as part of their performance. 4.4 Limitations on busking 4.4.1 Buskers must not perform in any street or road without the written permission of Council; 4.4.2 Buskers must not perform in any street or road after being requested to stop busking by an

authorised person. 4.4.3 Buskers must limit their sound so that they can only be heard within 30 metres of the site in

which they are located and they must not cause a noise nuisance to nearby businesses or pedestrians

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4.4.4 Buskers can only perform for a maximum of two hours in the one designated location. Upon completion of the two (2) hour maximum for that location the busker must move to another busking location (at least more than four building frontages away). 4.4.5 Buskers must not congregate with other persons in or upon any street or public place or upon

or over any footway so as to obstruct the free passage of traffic. 4.4.6 Buskers must not make or cause to be made any loud or violent outcry, noise or disturbance

in or upon any street or public place or on or over any footway. 4.4.7 Council does not permit any performance which involves an animal, reptile or bird and will not

issue permits for such performances. 4.4.8 A busker who is supported by an assistance animal (as defined by section 5 of the Companion

Animals Act 1998) may deliver a performance while accompanied by that assistance animal. The assistance animal must not form part of the performance.

4.4.9 Permits may be issued subject to the following conditions:

a) There is no form of amplification; b) There is no advertising or association with advertising in conjunction with any performance; c) The performance involves fewer or more than four performers; d) No animal is used in conjunction with any performance; e) In the opinion of the relevant authorised person, the sound level created is not excessive. f) By-standers and passers-by are not accosted or solicited for money; g) The performance does not cause any undue obstruction, directly or indirectly, to the

movement of pedestrians; h) The performance is not conducted from a lane entrance or doorway; i) One of the performers is the permit holder; j) The permit is produced on demand.

4.5 Children and young persons 4.5.1 Children and young persons under 16 years of age require written permission from a parent

or guardian and that parent or guardian must accompany the applicant with photo identification when applying for permit.

4.5.2 During school term, children and young persons under 16 years of age will only be permitted

to busk outside of school hours, that is, before 9:00am and after 4:00pm and during daylight hours and must be supervised by their parent or guardian at all times.

4.5.3 Children and young persons under 16 years of age are permitted to busk during the school

holidays but must be supervised by their parent or guardian at all times during the daylight hours.

4.6 Group acts 4.6.1 Each member of the group must be identified on the permit and this must be clearly displayed

during their performance.

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BUSKERS POLICY

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4.6.2 Groups are limited to a maximum of four members. This is to ensure that pedestrians are able to move freely and to prevent crowd crush.

4.6.3 In special circumstances, groups with more than four members may make a written request,

setting out valid reasons, to Council to busk in certain locations. 4.7 Designated busking areas 4.7.1 All busking must be undertaken within a designated area. 4.7.2 A designated area is defined as an area of public land approved by an authorised person. 4.8 Permissible times for busking 4.8.1 Council will designate areas within Liverpool for the purpose of busking. Permit holders may

busk within designated areas during the following times:

a) 9am -10pm Monday – Wednesday b) 9am – 11pm Thursday – Saturday c) 9am – 9pm Sunday

4.9 Unacceptable acts 4.9.1 Unacceptable busking acts include but are not limited to the following:

a) The use of sharp objects or other dangerous instruments including knives, swords or chainsaws, stock whips, fire, flammable liquids and any other equipment that may create a hazard to public safety;

b) Causing damage to public property including permanent painting or drawing on footpaths; c) Using children or any other person not covered by the permit; d) Including any animal in or as part of a performance; e) Advertising any non-approved product, service or sponsorship; f) Haranguing, arguing with, abusing or causing discomfort to the public; g) The use of amplification which exceeds ambient noise levels, with the exception of

percussion or wind instruments in which case no amplification is permissible. h) Offering for sale or the provision of goods or services or one-on-one consultation is not

considered to be busking under the terms of this policy, for example, balloon sculpting, modelling, fortune telling, tarot card and palm reading and massage or any type of healing therapy.

4.10 Sale of CDs and DVDs 4.10.1 The sale of CDs and DVDs in addition to a busking performance is permissible, subject to:

a) The CDs or DVDs must contain original material of the busker. Only one item for sale is allowed on display and a maximum of 20 items can be available for sale at any given time;

b) The sale of CDs and DVDs may only occur as a complement to the busker’s performance and should not dominate the time a busker occupies a site;

c) Buskers must not approach a member of the public for the purpose of selling their goods, nor seek assistance of someone else to sell their goods.

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4.11 Legal obligations 4.11.1 Buskers must comply with all relevant laws, regulations and policies and lawful directions of

authorised persons. The holding of a permit will not constitute a defence where a busker has committed an offence.

4.11.2 Permits may be revoked or modified at the discretion of Council or if a Busker breaches any

law, any requirement of this policy or any condition of a permit. 4.11.3 Buskers must cease their activity if directed to do so by an authorised person. 4.12 Review of this policy 4.12.1 This policy will be reviewed every two years.

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BUSKERS POLICY

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AUTHORISED BY Chief Executive Officer EFFECTIVE FROM 8 May 2017 DIRECTORATE RESPONSIBLE City Corporate (Customer Service) REVIEW DATE Two years from the date of adoption of this policy VERSIONS

Version Amended by Changes made Date TRIM Number 1 Not applicable Chief Executive

Officer 8/5/2017 052364.2017

THIS POLICY HAS BEEN DEVELOPED IN CONSULTATION WITH Corporate Services (Governance and Legal Services) Liverpool Services Alliance (former) – Customer Service Economic Development Community Standard  

REFERENCES City of Sydney: Interim Busking Policy City of Melbourne: Buskers Guidelines Adelaide Council: Street Permit Operating Policy and Guidelines

ATTACHMENT Busking Permit Application Form,

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Liverpool City Council Liverpool CBD Busking Site Maps

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PIRIE ST

HUME HIGHWAY

CO

LLIM

OR

E S

T

CA

STLE

RE

AG

H S

T

BA

THU

RST

ST

NO

RTH

UM

BE

RLA

ND

ST

LIV

ERPO

OL

PIO

NEE

RS

ME-

MO

RIA

L PA

RK

MOORE STREET

MOORE STREET

MEMORIAL AVESCOTT ST

HOXTON PARK ROAD

BARB

ARA

LO

NG

PA

RK

WHITLAM

LEISURE

CENTRE

WOODWARD

PARK

HEATH

COTE RO

AD

HILLER

OVAL

HARGRAVE

PARKORANGE GROVE DFO

WARWICK FARM

GE

OR

GE

S R

IVE

R

MA

CQ

UA

RIE

ST

MA

CQ

UA

RIE

MA

LL

GE

OR

GE

ST

MACQUARIE ST

TERMINUS ST

NA

GLE

ST

SPEE

D S

T

CHA

RLES

ST

ELIZABETH DRIVE

CO

PE

LAN

D R

OA

D (H

UM

E H

IGH

WA

Y)

CO

LLEG

E ST

NEWBRIDGE ROAD

BIG

GE

ST

BIGGE PARK

WESTFIELDSHOPPING

CENTRE

TAFE SOUTH WESTERN SYDNEY

INSTITUTE

SYDNEY SOUTH WEST

PRIVATE HOSPITAL

LIVERPOOL BOYS HIGH

SCHOOL

LIVERPOOL GIRLS HIGH

SCHOOL

INGHAM INSTITUTE& LIVERPOOL HOSPITAL

BIG

GE

ST

RAILWAY ST

Liverpool City Council Liverpool CBD Busking Sites

113 Northumberland St, Liverpool Macquarie Mall (Southern End), Liverpool

Macquarie Mall (Northern End), Liverpool 232 - 250 Northumberland St, Liverpool

Bigge Park, facing Elizabeth St, Liverpool 12 Railway St, Liverpool NSW

Bigge Park, facing Moore St, Liverpool 1 Memorial Ave, Liverpool

Liverpool City Library

1

2

3

4

5

6

7

8

9

12

3

45

6

7

9

8

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BA

THU

RST

ST

NO

RTH

UM

BE

RLA

ND

ST

ELIZABETH DRIVE

WESTFIELD LIVERPOOL

BATHURST STNORTH CAR PARK

Site 1 113 Northumberland St1

Busking Site

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MA

CQ

UA

RIE

MA

LL

ELIZABETH STREET

PLAZA ENTRY

ST LUKE’S CHURCH ENTRY

Site 2 Macquarie Mall (Northern End)2

Busking Site

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ELIZABETH STREET

BIG

GE

STR

EE

T

MOORE ST

CO

LLEG

E ST

Site 3 Bigge Park, facing Elizabeth St 3INACCURATE.

REQUIRE FINAL BIGGE PARK PLAN

Busking Site

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ELIZABETH STREET

BIG

GE

STR

EE

T

MOORE ST

CO

LLEG

E ST

Site 4 Bigge Park, facing Bigge St 4INACCURATE.

REQUIRE FINAL BIGGE PARK PLAN

Busking Site

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GE

OR

GE

STR

EE

T

BLACKROSECAFE

GAMES WORKSHOP

THE COMIC SHOP

FAMILYORTHODONTICS

LIVERPOOL CITY

LIBRARY

LIVERPOOL COURT HOUSE

LIVERPOOLPOLICE STATION

DEWSBURY LN

Site 5 Liverpool City Library5

Busking Site

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CLUB LIVERPOOL

MA

CQ

UA

RIE

ST

MOORE ST

MA

CQ

UA

RIE

MA

LL

Site 6 Macquarie Mall (Southern End)6

Busking Site

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NORTHUMBERLAND STREET CAR PARK

CENTRLINK AND MEDICARE

NO

RTH

UM

BE

RLA

ND

ST

Site 7 232 - 250 Northumberland St7

Busking Site

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BIG

GE

ST

RAILWAY STLIVERPOOL

TRAIN STATION

Site 8 12 Railway St8

Busking Site

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MACQUARIE STM

AC

QU

AR

IE S

T

MEMORIAL AVE

Site 9 1 Memorial Ave9

Busking Site