ADMINISTRATIVE REPORT

Date: March 12, 1999
Author/Local: B. Des Lauriers 7741
RTS No. 00058

CS&B Date: April 15, 1999

CC File No. 2631

TO:	Standing Committee on City Services and Budgets
FROM:	General Manager of Engineering Services
SUBJECT:	Review of Street Entertainment Program

INFORMATION

The General Manager of Engineering Services submits this report for INFORMATION.

COUNCIL POLICY

· Prior to March, 1998 there was no Council policy on Street Entertainment.

· In March, 1998, City Council approved a Street Entertainment Permit program which required street entertainers to obtain a permit if performing on city streets other than designated free locations.

PURPOSE

This report provides a review of the Street Entertainment permit program after one year of operation as requested by Council.

BACKGROUND

In March, 1998, in response to increasing complaints regarding noise, length and quality of performance, repetition and obstructions to sidewalks and entrance ways, Council approved a recommendation to establish a permit program for street entertainment and instructed staff to conduct a review of the program after one year with a report back to Council.

IMPLEMENTATION OF PERMIT SYSTEM

The permit system was created as a way to accommodate street entertainment (busking) while providing a mechanism to solve associated problems such as noise and sidewalk obstruction.

Buskers are asked to follow the guidelines shown in Appendix I. These guidelines limit the length of time a busker may perform at a location to one hour which ensures that all performers have access to the best locations while providing relief from repetitive performances for captive listeners such as nearby employees and residents. There are no limits to the number of permits issued and the cost is very low ($25.00 for 4 months) so as not to be prohibitive. There are also a number of designated locations around the City where buskers may perform without a permit.

Of the 65 permits issued to date, nine were for a one year term, six were renewed for a second 4 month term and the remaining 50 were for a single 4 month term. There are currently 16 permits in effect. Due to the seasonal aspect of the activity and the transient nature of many performers we are unlikely to see the full renewal pattern until spring or early summer.

EFFECTIVENESS OF SYSTEM

The program has now been operating for a full year and the success of the program has met expectations. The majority of buskers have obtained permits, the established guidelines appear to meet the needs of all concerned and the number of complaints has dropped to an almost non-existent level. An informal street poll indicates the majority of buskers now hold permits (approximately 65 % of buskers Citywide and about 75% in the Downtown core).

Informal discussions with buskers indicate that most are supportive of the program and welcome the opportunity to be seen as a legitimate part of the community. The
Downtown Business Improvement Association reports a sharp decrease in conflicts between buskers and the business community.

Enforcement has been done by Engineering staff and Police on a complaint basis. Staff have found the use of the permit system to gain a reasonable level of compliance from buskers and the use of the guidelines to gain a reasonable level of tolerance from the community to be very effective.
COMPLAINTS

Since the start of the program in March of 1998, Engineering Staff have received only two complaints regarding busking on street. Both issues involved the length of performance and were resolved with relative ease by drawing the time limit stated in the guidelines to the attention of the busker.

One busker has suggested eliminating or increasing the one hour time limit. This guideline is only enforced when problems arise and has proved useful in resolving conflicts. Staff do not recommend such a change.

PARKS

Unfortunately, complaints regarding busking on Park property are still being received with the majority coming from Beach Ave. residents.

It is important to note that there are basic differences between park and street space which generate different concerns. The street busker generally has only the sidewalk width to accommodate his audience and many people are in a hurry and unwilling to stop for more than a few moments; whereas, Parks provide enough open space to draw a large crowd and Park patrons are more likely to stay for a full performance. Park Board staff are currently reviewing alternative regulatory options. City staff are providing input to their decision making; there may be an opportunity to achieve savings by co-ordinating enforcement activities.

CONCLUSION

In view of the above no changes to the program are recommended at this time. However, staff will continue to work with the Park board to try to resolve the busking issues at English Bay and other Park locations as required.

APPENDIX I

BUSKING GUIDELINES

Although busking can be a positive addition to city streetscapes and parks, 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 cooperation 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. In parks only one performer is permitted per designated spot. (That is: 2 at English Bay and 2 near Kitsilano Beach). Spots are indicated with a pebble mosaic marker. In all other parks busking is prohibited.

2) You may obtain a permit to use a battery-operated amplifier by attending an information session where concerns and conditions will be explained to you and by agreeing in writing to comply with the relevant guidelines.

3) Your performance must be limited to less than 60 minutes at any one street location. After 60 minutes you must move to a new location at least one block away. In parks, performances are limited to 2 hours. After 2 hours you must move to a new location. Performances in parks must stop at 10 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 City of Vancouver and Parks by-laws.

6) You must not in any way jeopardize the comfort or safety of others. Please respect the wishes of nearby residents, businesses and park users.

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 cooperate immediately with the request of any member of the Police Dept.

9) Musicians are permitted to sell recording s of their original work during their performance without a Street Vending Permit. No other sales are permitted.

Failure to comply with the above guidelines may result in fines or suspension or cancellation of your permit. If excessive complaints are received ( and are reasonable in the opinion of the City Engineer or the General manager of the Park Board) the permit and /or location will be reviewed and may be canceled or restricted if appropriate.

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(c) 1998 City of Vancouver