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Busking licence

Busking in Gosport High Street is regulated by the Leisure Services Department.

This information is designed to provide buskers, businesses, local residents, and visitors to the Borough both guidance and legal information to ensure that whilst street entertainment creates a lively atmosphere there is no noise disturbance or intrusive behaviour to neighbouring businesses or the surrounding environment. Any receipt of complaints through noise disturbance may lead to prosecution under Section 136 of the Licensing act 2003.

THE LAW

Under the Licensing Act 2003 Gosport Borough Council holds a Premises Licence for Gosport High Street. A busker must have an authorised permit to perform in the 5 licensed zones within the High Street to enable the management of the Gosport Borough Council Premises Licence and the licensable activities operated under the Premises Licence. It is acknowledged that busking is not a licensable activity under the Licensing Act 2003. 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. The busker may be asked to stop; failure to comply will lead to prosecution.

WHAT SHOULD YOU DO?

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 Council or the Police who may on receipt of any formal complaint prosecute under the Licensing Act 2003.

ADVICE FOR BUSKERS DO'S AND DON'TS

WHAT BUSKERS SHOULD DO

  • Visit Leisure and Cultural Services on the fourth floor of the Town Hall to complete registration for a busking permit.
  • Do busk within the allocated time between10:00 am, and 4:00 pm, and vacate each zone on the hour ensuring that you travel east to west along the High Street.
  • Do keep the volume of the performance at a reasonable level.
  • Do move to the next busking zone on the hour to keep within your allocated time slot and also to avoid any complaints from local shopkeepers and residents.
  • Do move on, or stop if required by anauthorised Local Authority Officer or Police Officer. If you do not do this then you may be liable to be prosecuted under the Licensing Act 2003.
  • Do avoid busking while in the designated zones near to any public telephone boxes, doorways, cash dispensers and post boxes to ensure that the public can access these at all times.
  • Do keep yourself and equipment close to you whilst busking in the designated zone so not to obstruct any members of the public.
  • Do respect your audience.
  • Do provide variety in the music that you choose  to perform.
  • Do clean up any litter that is left when the performance has finished.

WHAT BUSKERS SHOULD NOT DO

  • Do not cause any obstruction to members of the public.
  • Do not use furniture in the street such as public seats, lamp posts, and bins while busking.
  • Do not use any signs asking for or prompting payment.
  • Do not personally collect payment but instead use a hat or instrument case to receive money for performing.
  • Do not collect any money or monies for charities as you require a street collection permit and may be prosecuted.
  • Do not sell any merchandise such as CDs, and tapes as you will be prosecuted for trading without a licence and consent from the Council.
  • Do not engage in performances that would be considered to be offensive, cause alarm, or put members of the public in danger.
  • Do not entertain or perform within a location of 50 metres of another entertainer who is also performing.
  • Do not 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.
  • Do not use amplification equipment as it is not permitted.
  • Do not perform for longer than 1 hour in any location and you should not perform again in that location on the same day. Note: particularly noisy entertainers (e.g. bagpipers or drummers) should not perform for longer than 30 minutes.
  • Do not 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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