Street Collection Licensing

In most circumstances, busking, in the sense in which the word is normally used, will not be licensable under the terms of the 2003 Act. This is because musical busking is usually ‘incidental’ to other activities, such as shopping, or the premises where the music is played will not have been provided for busking to take place. The busker is not an influencing factor in the public’s wish to use the street or space. This view is supported by the information and guidance on the DCMS’s website. There may, however, be instances that fall outside this exemption, for example, where a particular space is actively promoted as being a music venue and people are encouraged to attend the space in order to be entertained by a busker or buskers as part of an audience.

Until such time as the law is clarified or alternative guidance is received the view that musical busking provided in the street is normally to be considered as incidental to the main purpose of the public area (i.e. the passage and re-passage of members of the public). In being incidental the musical entertainment will be exempt from the need to hold an authorisation under the 2003 Act.

Although no licence is required, buskers should ensure that they do not play music at a volume, which causes nuisance to nearby residents or businesses. By virtue of the relevant noise and statutory nuisance legislation noise in the street from musical instruments may be a statutory nuisance and the Local Authority is able to take legal action to abate the nuisance and prohibit or restrict its recurrence; this may include the seizure of musical instruments and amplification equipment. With this in mind we advise the individual concerned to keep volume at an acceptable level.