POLICY REPORT

Date: February 6, 1998

Author/Local: Bonnie Des Lauriers/7741

CC File: 2631

TO:Standing Committee on City Services and Budgets

FROM: General Manager of Engineering Services

SUBJECT: Proposed Busking Program

RECOMMENDATIONS

A.THAT busking be prohibited on city street allowance except under permit issued by the General Manager of Engineering Services or in established "Free Busking" areas.

B.THAT "Free Busking" areas be established; and the Manager of Engineering Services be authorized to review and adjust these locations when appropriate. Some suggested locations are shown in Appendix I.

C.THAT permits be issued by Engineering Services subject to the guidelines and conditions shown in Appendix II at a cost of $100.00 per year or $25.00 per three month term, plus GST.

D.THAT the Director of Legal Services make the appropriate by-law amendments to reflect the above and request an amendment to the Vancouver Charter to allow for confiscation of instruments, props or other busking paraphernalia.

E.THAT the program be reviewed after one year with a report back if changes are appropriate.

COUNCIL POLICY

The City regulates a number of street activities including: street vending, sidewalk cafes, and produce and flower displays. There are currently no city wide policies or by-laws specifically related to busking. However, the Granville Mall By-law does provide for entertainment with the approval of the City Engineer.

On May 27, 1997, Council approved the following recommendations of the Urban Noise Task Force:

31.1 Restrict busking (times, locations, etc.), and

31.2 License buskers annually

These recommendations were given a high priority in the report.

PURPOSE

The purpose of this report is to establish guidelines and administration procedures to regulate entertainment on city street allowance and reduce conflict between buskers and neighbouring businesses, residents, and other street users.

SUMMARY

This report recommends the establishment of a permit system for busking to better regulate the activities and reduce conflict between the buskers and the business or residential community in which they perform. By-law amendments are also recommended in order to provide better response to public concerns.

BACKGROUND

Definition of Busker

For the purpose of this report a busker is defined as:

One who provides any form of entertainment in the public realm, regardless of whether payment is solicited, offered or accepted..

Examples include, but are not limited to: musicians, jugglers, mimes, magicians, etc.

Current Situation

In recent years, the number of buskers performing in the city has increased. As a result, there has also been an increase in the number of complaints received regarding noise, length and quality of performance, repetition, sidewalk and entrance way obstructions, etc. Concerns have been expressed by the public at large, as well as representatives of various Business Improvement Associations and building managers on behalf of their tenants. Most of the complaints come from the Downtown core although other areas are beginning to experience problems as well.

Many buskers are talented and their performances add life, colour and interest to our streets. The entertainment they provide is often an enjoyable experience for the public. However, loud, repetitive and lengthy performances by buskers with limited or questionable talent can be a source of annoyance and distraction to those who live and work nearby; and complainants are unable to get the buskers to leave the area when their level of endurance has been reached. Some examples of problem situations include:

1.an amplified mariachi band playing at the same location (near an office tower) for several hours;

2. a harmonica player, who only knows one song, playing in front of the same store all day;

3. a fire-juggler who raises safety concerns;

4.a street theatre group who do not control their crowd and impede pedestrians and/or block the entrance to a commercial building.

Currently, the only by-law which specifically mentions busking on city streets is the Granville Mall By-law, which allows entertainment with the approval of the City Engineer. In all other areas of the city there is no provision for approval or prohibition of busking on city streets. Although there are provisions for some of the possible consequences of busking, such as: noise, blocking traffic, crowd control, safety, litter, etc., these tend to be vague and differ depending on whether the busker is performing on a city street, private property or on park land. As a result, the whole issue is confusing and difficult for the Police to control and enforce.

DISCUSSION

Review Process

As a result of increased concern from merchants, businesses, and the general public, the Coordinated Community Support Team,(CCST) chaired by the City Clerk and consisting of representatives of the Police, Engineering, Permits and Licenses, Health and Law Departments, the Park Board and the Business Improvement Associations of Downtown Vancouver, Robson Street and Gastown, has undertaken to review the by-laws and enforcement procedures regarding busking.

Surveys were conducted of 43 other cities and organizations as well as local buskers. The results indicate that the majority of municipalities successfully regulate busking through a permit system and that most buskers support a recognized permit program.

Survey Results

An informal survey was conducted of Vancouver and 42 other cities by the City Clerk's Department. Here is an overview of the results:

69% of respondents reported they have street entertainers in their city.

The numbers of street entertainers are either stable over the last five years, or rising. Most cities (52%) reported that their numbers of street entertainers are unchanged, while 39% of respondents said their numbers of street entertainers have increased. These increases average 80%. Notable increases were 300% (Sudbury, Ontario), 200% (Victoria, B. C.) and 100% (Vancouver, B. C. and Sydney, Australia). Not one city reported a decrease in the number of street entertainers compared with five years ago. The average number of street entertainers in the survey was 45 per city. Numbers ranged from a low of 0 (Boise, Idaho) to a high of 350 (Victoria, B. C.). Vancouver reported 200.

Only 14% of respondents regarded street entertainers as a problem in their cities. 60% of respondents did not regard street entertainers as a problem.

Proposed Busking Program

Based on the information gathered in the review process, the Committee recommends the implementation of a formal busking program which would permit buskers to perform on city street allowance only with a permit, except in the "free busking" areas defined in Appendix I.

Proposals have been received from the Robson Street, Downtown Vancouver and Gastown BIAs requesting involvement in the administration of a street entertainment program. The BIAs are interested in working with the city to set up a formal process for approving a limited number of buskers in specific locations. The possibility of holding auditions and scheduling the most talented performers in the prime locations (similar to procedures used by BC Transit at their Skytrain Stations and Granville Island) was discussed. The CCST supports the concept of business involvement in a Street Activity program, however, creating a formal busking program including designated locations and auditions would be time consuming and may not be necessary at this time.

It is recommended that by-law amendments and a simplified approval process be approved in order to provide some relief to those who are disturbed by these activities. This program can be reviewed after one year and if further regulations are required, a more formal program could be considered at that time.

It should be noted that this program will not affect the buskers who currently perform on private property (such as in front of liquor stores which are set back from the street) nor the panhandler who occasionally plays a tune on the harmonica. However, it should provide more control for businesses and property owners because buskers who are asked to leave a private property venue will no longer be able to set up on city property adjacent the site.

Busking in Parks

The Parks By-law prohibits busking in parks (except with permission at a specific site in Stanley Park). This limited busking program is not widely used and has become less popular since the closure of the zoo. At locations where parks border streets (such as Grandview Park), either Park or City by-laws may apply depending on where the person chooses to perform. Buskers who are asked to leave the park sometimes move to street allowance which may be only a few feet away.

Once the proposed program is running, it may be possible to combine the two systems which would allow buskers to hold one permit to cover both city street allowance and parks and provide consistent enforcement. Park Board staff will identify specific areas in some parkswhere busking may be permitted under the City's proposed program. These recommendations will be taken to the Board for approval. The Guidelines for Busking could be modified to reflect different requirements of busking in parks.

Input From Buskers

The committee met with a number of buskers to review the proposed program. The buskers supported the concept of a permit program and felt that holding a permit would legitimize their craft and their presence on the street. Some differences were expressed in regards to the proposed permit fees. While some buskers supported high fees in order to ensure high quality performances, others felt the proposed fee of $100.00 per year plus the cost of liability insurance (also $100.00) per year would be restrictive to some buskers.

Comments of the Child and Youth Advocate

The Child and Youth Advocate reports the following comments and concerns received from youth and youth organizations:

1)The broad definition of a busker used in the report raises concerns that casual activity that youth often engage in, such as practising an instrument outdoors, could become prohibited or regulated.

2)The proposed fees and insurance requirements may be beyond the ability of already marginalized youth to pay. Similarly the application process may be difficult to negotiate for many youth. Youth living in poverty, who find themselves restricted from this activity, except in free zones, may find it harder to sustain themselves without resorting to high risk and/or less desirable ways of making money.

3)Recommendation D raises concerns about potential violation of protected rights if confiscated musical instruments, props, etc. are judged to be a means of livelihood.

4)Some of the free busking locations are seen to be unsafe for young people, i.e. Blood Alley. If this program is adopted, youth buskers could be involved in identifying appropriate space.

Overall, the Advocate is concerned that the City may be setting up a program that will negatively impact youth who try to earn money from street entertainment, and which may increase friction between street-involved youth and the Police. The report's suggestion that enforcement be provided on a complaint basis only, may not be sufficient protection once the program is in place, as there is no control on the nature or frequency of the complaints that the Police may be asked to respond to.

Comments of the Director of Legal Services

The Canadian Charter of Rights and Freedoms imposes some limits on the ability of the City to prohibit or otherwise regulate busking. Freedom of expression is one of the fundamental freedoms protected by section 2 of the Charter. The scope of activities protected under this provision of the Charter has been very broadly interpreted by the Canadian Courts and would include busking. To withstand a Court challenge, regulation of busking should include some areas where it can proceed without regulation and where the balance is subject to reasonable regulation without discrimination.

Free Busking Areas

A list of possible free busking locations for the use of unlicensed buskers is shown in Appendix I. Further investigation of these sites is advisable before final approval is given. It is recommended that the General Manager of Engineering Services and the General Manager of Parks be authorized to designate "free busking areas" and to relocate the activities if problems arise. It should be noted that in designating free busking locations, it is necessary to balance the needs of the buskers with those of the public. Buskers wish to locate in areas with heavy pedestrian traffic flow; these same areas are often within hearing distance of office buildings and residential areas. Also, in high volume pedestrian areas there is the added concern regarding sidewalk obstructions and public safety. It is likely that in the early stages of the program some changes will be made to the free busking areas through trial and error. In identifying additional free busking locations, staff would confer with other City Departments, Business and Residents Associations as well as buskers (including youth buskers). A list of locations and general guidelines would be updated as changes occur, and made available to all interested parties.

Approval Process

To busk at any location other than the approved free busking areas a permit would be required. In order to obtain a busking permit the performer would: apply in writing to Engineering Services, pay the permit fee of $100.00 per year or $25.00 per three month term, provide proof of liability insurance if required, and agree to follow the guidelines shown in Appendix II. Failure to comply with these guidelines would result in suspension or cancellation of the permit.

Financial Implications

The proposed permit fee of $100.00 per year should be adequate to cover administration costs. In order to make costs more manageable for individual buskers this fee could be broken down to $25.00 for 3 months. No additional staff would be required to administer the program at this time. However, should Council choose to adopt an audition type program in the future additional staff would likely be necessary and fees could be reviewed at that time.

Insurance

Although, the City requires proof of liability insurance coverage before giving permission for most types of street activities the cost of individual coverage ($100.00 per year) coupled with the permit fee would make the cost of obtaining a permit prohibitive for some buskers.

Staff investigated the possibility of obtaining a blanket policy on behalf of the buskers through S.B.C. Insurance (formerly Sport BC). and were able to negotiate coverage for single musicians and vocalists only at a cost of $50.00 per year multiplied by the estimated number of buskers. Unfortunately, this policy is not available for terms shorter than one year. In order to accommodate this coverage, permit fees would have to be raised to cover costs and it would not be possible to offer the 3 month permit.

In order to keep costs to a minimum for the buskers while ensuring cost recovery for the City, it is recommended that the insurance requirement be waived for musicians and vocalists. All other "higher risk" performers would be required to carry the usual liability coverage to the satisfaction of the Director of Risk Management.

Enforcement

Enforcement is currently done by the Police under the Street and Traffic By-law or the Health Department under the Noise By-law on a complaint basis and consists for the most part of asking for co-operation. If this approach is not successful the only alternative currently available is to cite the individual based on the particular by-law being violated such as excessive noise or blocking the sidewalk. These tickets and citations are largely ineffective due to the transient nature of many of the buskers. If the tickets are not paid prosecution can be hampered by the difficulty in correctly identifying and locating the individual.

An amendment to the Street and Traffic By-Law to regulate busking would give the Police a badly needed tool to control this activity. Unlicensed buskers would be more likely to co-operate when given the option of obtaining a permit or moving to a "free busking area", permitted buskers would have clear guidelines to follow and permits could be suspended or cancelled if problems occur.

The ticketing process would still present problems in cases where attempts to gain co-operation fail. The Police and Engineering staff feel strongly that the most effective enforcement method would be the confiscation of instruments, props or other paraphernalia used in the performance. However, the Director of Legal Services advises that there must be express statutory authority in the Vancouver Charter for the City to have the power to enact a by-law providing for confiscation. The Vancouver Charter includes no such authority and, accordingly, this approach to enforcement is not available at this time.

A similar situation was encountered several years ago in relation to skateboarding. In that case the City requested and received a Charter amendment to allow for the confiscation of skateboards which has proven to be a useful tool for Police in the enforcement of skateboard related problems such as: traffic and pedestrian safety and damage to public and private property. The Police and Engineering staff also use confiscation in the enforcement of illegal vending, displays of goods and merchandise and unauthorized signs and structures placed or constructed on city street allowance.

Therefore, it is recommended that the Director of Legal Services make a formal request for an amendment to the Vancouver Charter to allow for confiscation of instruments, props etc. The intent of this program is not to reduce or eliminate busking; but to provide some control in problem situations. It is suggested that enforcement be provided on a complaint basis, therefore, the unobtrusive busker would likely continue to perform without a permit unless problems occur.

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APPENDIX I

FREE BUSKING LOCATIONS

The following locations are considered to be appropriate for street entertainment and may be used as performance venues without a busking permit:

(1)North side of the 800 block of Robson Street (The Art Gallery)

(2)The pedestrian through way on Hornby Street between Hastings and Cordova Street (Hornby Plaza)

(3)South east corner of Mainland and Davie Streets (Curtis Plaza)

(4) South east corner of Georgia and Homer Streets (Library Square)

(5) Blood Alley

These locations are subject to the approval of the General Manager of Engineering Services.

Park Board staff will identify the potential for sites on park land to be taken to the Board for consideration at a future date.

At all other locations on city street allowance, permits are required. In order to ensure the safety and comfort of others, street performers are expected to comply with the guidelines shown in Appendix II. Failure to do so could result in fines (for not having a permit) or suspension of busking privileges (for those who have a permit).

APPENDIX II

GUIDELINES FOR BUSKING

Although busking can be a positive addition to city streetscapes, loud and/or repetitive performances can be disruptive to people living and working in the area. In order to ensure your performance remains a pleasant experience for everyone, the following guidelines must be followed. Your co-operations in this matter is greatly appreciated.

(1)You may not begin your performance in a block face where 2 others are already performing. (The exception to this is Robson Street, west of Burrard, where a maximum of 4 performers per block face is acceptable.

(2) The use of amplification equipment is prohibited.

(3)During the daytime hours your performance must be limited to less than 60 minutes at one location. After 60 minutes, you must move to a new location at least one full block away. There is no time limit after 6:00 pm.

(4) You are responsible for ensuring that doorways, display windows and pedestrians are not blocked by your performance or your audience.

(5) You must comply with all city of Vancouver by-laws.

(6) You must not in any way jeopardize the comfort or safety of others.

(7) The use of sharp or dangerous objects is prohibited (for example juggling knives, chain saws or flaming objects is not permitted).

(8)You must co-operate immediately with the request of any member of the Police Dept.

Failure to comply with the above guidelines may result in fines or suspension or cancellation of your permit.

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(c) 1998 City of Vancouver