The aim of this document is to outline Council s approach to Busking within the Kiama Municipality

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Cassandra McKinney
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1 Busking Policy

2 Purpose The aim of this document is to outline Council s approach to Busking within the Kiama Municipality Objectives This policy has been developed: 1. To encourage activities that contribute colour and life to the Municipality 2. To provide an equitable system of use for popular busking sites in the Municipality among buskers wishing to perform. 3. To identify locations in the Town Centres of Kiama and Gerringong as suitable busking sites. 4. To minimise complaints, criticism and other problems associated with buskers operating in the Municipality, while supporting the rights of individuals to express themselves in a democratic manner. Definitions Busking In the context of the Kiama Council Busking Policy and Guidelines, a busker is considered to be an entertainer who is actively providing a public performance in the public space in exchange for a donation. Busking is defined as sounding or playing a musical instrument, singing, reciting or performing conjuring, juggling, puppetry, miming, dancing or other entertainment or doing any of those things concurrently. Busking also includes the activity of drawing any message, picture or representation on a paper or canvas surface. Types of busking performances may include: performing with an instrument or multiple instruments, conventional or selfconstructed performing a song, dance routine, mime, clowning, juggling, puppetry, comedy, magic or living statue act actively working in an artistic medium (this excludes pre-built static displays and artworks advertising or promoting a company, event or charity) performing a Circle Act The following are not considered to be buskers under the terms of this policy and as such will not be issued a permit: Balloon sculptors, tarot card and palm readers, fortune readers, artists selling their works (such as portrait artists), masseurs or masseuses, vendors of any kind (including vendors of reindeer ears, fluffy toys, jewellery etc), solicitors of money for any purpose. Page 2 of 6

3 Performance Musical, dramatic or other entertainment substantially involving musical, theatrical, or circus performance skills. Soliciting of Funds The act of asking, begging, seeking or requesting money or goods from members of the public. Offering for Sale The display or demonstration of items, particularly multiples of items, with an implication that they are available for sale or otherwise in exchange for money (for example, CDs or cassettes). Dangerous Materials and Implements Materials and implements that pose risk, hazard or uncertain outcomes for people. Dangerous materials include flammable materials and chemicals, fire, fireworks, smoke, flairs, heated elements, or anything giving off a level of heat or toxicity that poses a threat of harm or damage to members of the public and public property. Dangerous implements include knives, spears, swords, spikes, and sharp implements of any kind that pose a threat of harm to the general public. Preferred Sites Specified sites within the Town Centres of Kiama and Gerringong where busking is preferred under defined conditions. Circle Acts Structured performances requiring the audience to stop and watch or participate in the performance. Approximate duration minutes. Walk-by Acts Spontaneous performances where the audience is not required to stop and watch. Authorised Council Officer A Council Ranger, Ranger have delegated authority to enforce breaches of policy via the Local Government and Impounding Acts Professional Performer Someone who performs as their only source of income. Amateur Performer Someone who is a student, unemployed, retired or has a source of income from another job. Kiama Municipal Council Busking Adopted by Council: 17 April 2007 Last Reviewed: Next Review: Page 3 of 6

4 Scope This policy and guidelines cover employees of Council, local businesses, busking permit holders, potential permit holders, residents and visitors to the Kiama Municipality. References Kiama Council Busking Policy, 2007 City of Melbourne Street Activity Policy 2011 Busking Guidelines City of Sydney Interim Busking Policy and Guidelines Principles Artistic Value Buskers can make an important contribution to the cultural life of an area by reflecting styles, values and the issues of society at large and provide entertainment and thought provoking experiences to tourists and members of the general public. Employment Busking is a valid means for people to make a living. Appropriate Location Busking should only occur in those locations where the activity enhances the vibrancy and social activation of particular streets or precincts. The capacity of the street in terms of footpath width and pedestrian volumes is also a primary consideration. Attractive and Quality of Appearance Busking should create a comfortable ambience in the public realm and contribute to the amenity of the public space. Diverse and engaging Busking should offer a variety of performances, positively engage passers-by and create a sense of interest and curiosity. Safety and Amenity The safety and security of crowds, pedestrians and residents are of prime importance. Busking should provide a sense of safety and security at all times during the performance. It should not unduly interfere with pedestrian traffic, the conduct of business, or contribute to a lack of safety. Accessibility Busking should be integrated into the street in a way that does not compromise circulation requirements for other street activities, including but not limited to; pedestrian and other traffic through maintaining adequate clearances. Page 4 of 6

5 Suitability of performance Busking in the public realm should be considered suitable and acceptable with regard to safety, amenity and its public appeal. Policy Artistic and cultural life is integral to Kiama and as such performers from all backgrounds, abilities and different mediums are encouraged to showcase their craft. Kiama Council is also committed to providing a safe, accessible and culturally sensitive environment for all visitors, workers and residents. Whilst Council recognises the valuable contribution street entertainment and busking performances makes to the life and vitality of the area, it also recognises the importance of having a structured policy framework in place to minimise complaints, criticism and other issues relating to the ambience and amenity of the public realm. This policy and associated guidelines provides this framework to assist performers, businesses and residents in understanding the rules for busking. The aim is to foster an environment that encourages and enables a range of busking performances to thrive in our local government area. Kiama Municipal Council Busking Adopted by Council: 17 April 2007 Last Reviewed: Next Review: Page 5 of 6

Manager Development and Statutory Services

EXT 028: STREET ENTERTAINERS AND BUSKING Council Policy Document Status Current Version No 1 Document Controller Manager Development and Statutory Services Policy Adopted January 2018 Res No O0118-013