Busking
Busking is when you perform in a public place (usually singing, dancing, or playing of musical instruments), with the intention of asking people money for the performance. We welcome busking as it adds to the wealth and vibrancy of retail areas. You do not currently need a licence to busk but we strongly encourage you to participate in our code of conduct.
The aim of our busking code of code is to reduce the potential for conflict and support a culture of community, compromise, and consideration for others. We acknowledge that most complaints about busking apply to a small number of performers and usually relate to volume, location, repetitive performances or obstruction. We also know that most issues can be resolved amicably if they are dealt with before they escalate. In most cases a formal complaint will not be needed, but legal enforcement powers can be used if there are persistent issues.
Busking code of conduct
- Noise (for example music or voice) should not be so loud that it can be plainly heard at a distance of 50m
- Drumming should only be included as a minor part of the act
- An entertainer should not perform for longer than one hour in any location without then taking a break of 30 consecutive minutes. You should relocate to another location at least 50 metres away, not returning to the original location within three hours
- An entertainer should not compromise public safety in any way. Nor should they obstruct free passage of pedestrians or vehicles on the highway (including pavements and pedestrianised areas), or allow an audience to do so. Access to shops, cycle stands and bus stops should be kept clear, as well as the tactile path for the visually impaired in High Town, Hereford
- Use should not be made of street furniture such as lighting, benches or bins
- No sign inviting payment may be displayed
- An entertainer should not locate in close proximity of another event, entertainer or musician who is already performing. No two performances should interfere with each other and any licensed council bookings will always take priority
- An entertainer should immediately stop performing or relocate when requested to do so by a police officer or council representative
- The quality of an 'act' should show a positive intention to entertain passers-by, not to solicit money through sympathy
Busking complaints
Where this code is being observed, enforcement action will not be necessary. However, in the event of a complaint that cannot be resolved between a complainant and a busker, a Council or West Mercia Constabulary Officer may attend to assess the situation. If, after assessment, they judge that the busker's performance is not in line with the code of conduct they will ask the busker to amend their performance. If the busker refuses to amend their performance or has repeatedly been in breach of the code, the officer may issue a Community Protection Notice warning letter. This will warn of potential future enforcement action. The Anti-Social Behaviour, Crime and Policing Act 2014 allows Herefordshire Council and the Police to act, if satisfied that unreasonable conduct of a busker is having a detrimental effect of a persistent or continuing nature on the quality of life of those in the locality, by issuing a Community Protection Notice.
The police have powers where they consider a public nuisance or obstruction is being caused. Obstruction of the Public Highway is an offence under the 1980 Highways Act. The Council also reserves the right to take action against any unlawful street trading linked to busking; any sale of items such as CDs would require a street trading consent to be obtained from the local authority – see our Street trading page.
If you experience problems from a busking performance make yourself known to the busker and politely inform them at a suitable interval in their act. Try to reach a compromise if possible. Feel free to draw a busker's attention to the code of conduct above. If you can't reach a compromise and an issue remains, contact us using the details below:
Busking contact details
- Telephone: 01432 261761
- Email: ethelpline@herefordshire.gov.uk