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STREET PERFORMANCE AND BUSKING
policy handbook
STREET PERFORMANCE AND BUSKING
policy handbook
August 2001
WE L L I NGTON C ITY COUNCIL
Ph. 499 4444
Website. www.wcc.govt.nz
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WELLINGTON CITY COUNCIL STREET PERFORMANCE AND BUSKING POLICY HANDBOOK
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Message from the Mayor
Street performance in Wellington
How it works
Rights and Responsibilities
For Performers and the Public
Street performance licences
What they’re all about
How to get a licence
Street performance conditions
What you can and can’t do
Map of busking spots
Liability
Code of practice for using dangerous materials
Use of dangerous materials and objects in
street performance
Peer review - how it works
Ways to get support for street performers
Making complaints
Guidelines for organising street events
Need more information?
Definitions
Contents
3
5
7
9
10
11
14
16
17
21
23
24
25
27
29
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Wellington is without a doubt New Zealand's most creative city. As such, we
are home to some of the most talented, innovative, and exciting performers in
the country-including those who perform on our streets. Buskers and street
performers help to enhance Wellington's reputation as the energetic and
interactive, cultural and entertainment capital.
We at Council welcome the opportunity to support high-quality street
performance. We want to build on our already well-known reputation as a
busking-friendly city-one that delights both locals and visitors alike.
But to do that, we have to take into account both the needs of our inner city
residents and the needs of our street performers. This handbook has been
developed to help performers, residents, retailers, workers and visitors
understand the rules around performing on Wellington's streets. It allows us
to outline to everyone what's allowed, while still supporting our vibrant street
performance culture.
Kerry Prendergast
Mayor
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WELLINGTON CITY COUNCIL STREET PERFORMANCE AND BUSKING POLICY HANDBOOK
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HOW IT WORKS
1. Street performance is encouraged in public places
where performance contributes to safety and
doesn’t interfere with pedestrian or traffic flow,
business activity, or residential living.
2. Access to favourable street performance pitches is
to be fairly shared among buskers, to give
residents, retailers and workers a variety of
performance.
3. Access to a street performance license is
unrestricted unless a performer does not comply
with the conditions of the license. The Council
can cancel or refuse to issue a license to any street
performers they believe are acting irresponsibly
or in an unsafe way.
4. Street performance is a valid way for people to
make money but members of the public should
not feel coerced to give money.
5. The use of fire and potentially dangerous
implements must not endanger the public, the
performers, property or the environment.
Street performance in Wellington
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WELLINGTON CITY COUNCIL STREET PERFORMANCE AND BUSKING POLICY HANDBOOK
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FOR PERFORMERS AND THE PUBLIC
Street performers have the right to…
• perform in any one site for up to 90 minutes per
day,
• occupy a site for a total of 2 1/2 hours per day,
• ask the audience for money in a polite way.
Street performers have the responsibility to…
• show their licence when asked,
• comply with licence conditions.
Members of the public have the right to…
• not give money to a street performer,
• make a complaint if they believe the performance
doesn’t comply with the conditions in this
Handbook.
Rights and Responsibilties
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WELLINGTON CITY COUNCIL STREET PERFORMANCE AND BUSKING POLICY HANDBOOK
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WHAT THEY’RE ALL ABOUT
1. All buskers and street performers must hold a
current Wellington City Council street
performance licence. Proof of identity
1
is required
when the application is lodged. Licences are free
and valid for six months. After six months you
must reapply for a new licence.
2. The street performance licence is designed to
protect both performers and the public. Licences
may be withdrawn if the performer does not
comply with the licence conditions.
3. Licences can be issued to individuals or groups.
4. Licences cannot be transferred to other
performers.
5. Street performers must display, or make available
to Council officers or any member of the public,
their street performance licence whenever they
perform.
6. Street performers under twelve years of age need
permission from a parent or caregiver to apply for
a street performance licence. Wellington City
Council recommends that street performers
under twelve be supervised by an adult at all
times when performing.
1
For example, drivers licence or student ID
Street performance licences
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WELLINGTON CITY COUNCIL STREET PERFORMANCE AND BUSKING POLICY HANDBOOK
7. Street performance involving dangerous materials
or objects requires a special street performance
permit.
8. Performers (not using dangerous materials or
objects) employed for a scheduled street event
approved, or organised, by the Council (including
protests, community festivals and commercial
promotions) do not need a street performance
licence for that event. However, organisers of
street events must ensure that the street
performance conditions are complied with, or
obtain approval for exemption from the
conditions.
HOW TO GET A LICENCE
You can get a licence by going to any Council Service
Centre
2
, filling out an application form and showing
proof of your identity to staff. A licence will be issued
straight away.
2
Civic Centre, Tawa, Johnsonville Library, Newtown Library,
Kilbirnie Library.
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WELLINGTON CITY COUNCIL STREET PERFORMANCE AND BUSKING POLICY HANDBOOK
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WHAT YOU CAN AND CAN’T DO
1. Anyone performing or busking in any public
place (unless employed for an approved event)
must hold a current Wellington City Council
street performance licence.
2. Quiet walkby acts and quiet roaming acts
3
may be
performed at any time and in any public place
(excluding those named below) in Wellington,
including the Railway Station subway and outside
forecourt, so long as all the street performance
conditions are met.
3. Performance can only take place in the following
locations with permission from the appropriate
authority (see map on page 13 for details)
• Civic Square (Wellington City Council- 499-4444)
• Parks (Wellington City Council- 499-4444)
• Waterfront (Lambton Harbour Management
Limited- 495-7820)
• Te Papa forecourt (Te Papa Tongarewa – Museum
of New Zealand-381-7000).
4. Noise from any street performance should not be
greater than reasonable background noise when
heard from more than 30 metres (horizontal or
vertical) from where the performance is taking
place.
3
See definitions on inside cover
Street performance conditions
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WELLINGTON CITY COUNCIL STREET PERFORMANCE AND BUSKING POLICY HANDBOOK
5. There are special conditions for sound
performances.
These are:
• Sound performances that meet all street
performance conditions are allowed in any public
place in Wellington between 7am and 9pm.
• Sound performances that meet all street
performance conditions are also allowed in the
following locations between 9pm and 3am:
- Courtenay Place from Cambridge Terrace to Tory
Street only,
- Cuba Mall from Manners Street to Dixon Street
only,
- the Railway Station subway and outside forecourt
(see the map on page 14).
• A sound performance should be no closer than 50
metres to another sound performance.
6. Circle acts are only allowed in the following public
places: Cuba Mall, Manners Mall, Courtenay
Place, Railway Station subway and outside
forecourt, and Oriental Parade.
7. If a street performer is performing immediately
outside retail premises, and is asked by the retailer
to move on, they must do so.
8. Street performers or their audiences must not
block shop doorways during business hours, or
footpaths, residential doorways, bus stops or fire
escapes at any time. Performers must ensure that
wheelchair access is maintained around the site in
which they are performing.
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WELLINGTON CITY COUNCIL STREET PERFORMANCE AND BUSKING POLICY HANDBOOK
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9. Each performer or group of performers is limited
to a maximum time of 150 minutes including no
more than 90 minutes of performance, per day in
any one site. Performance and/or occupation of a
site does not have to be continuous.
The remaining 60 minutes of non-performance
time is available for any of the following activities:
setting up, breaks, packing down.
10.Street performers wanting to sell goods that relate
to their performance (e.g. CDs or balloon
animals) can only do so during the performance
and immediately before or afterwards only.
4
11.Street performers can receive voluntary donations
by holding a container or by placing a container
on the ground. Street performers can have a
written sign asking for donations and can ask the
audience for donations but they cannot approach
individuals for money.
12.Performers using dangerous materials or objects
are required to be skilled and experienced in
using these materials. They must also have an
understanding of, and commitment to, safety for
the public, themselves, and the environment.
13.Performers can only use dangerous materials and
objects if they hold a special permit
5
to do so,
and comply with the terms and conditions in the
Code of Practice in addition to the conditions of a
general street performance licence. Special street
performance permits require peer endorsement
4
Subject to the forthcoming review of the Hawkers and
Peddlers Bylaw.
5
See Code of Practice, p17.
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ORIENTAL
PARADE
KEY
Special Permission Needed
Sound Performance
COURTENAY
PLACE
CIRCLE
CUBA MALL
VICTORIA STREET
INSIDE STATION
FORECOURT
SU
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WELLINGTON CITY COUNCIL STREET PERFORMANCE AND BUSKING POLICY HANDBOOK
from two peers approved by the Manager of Recre-
ation Wellington. The special permit is valid for
three months from the date of issue.
LIABILITY
• Street performers will be responsible for claims
made against them for personal injury or property
damage.
• Buskers and street performers are not protected
by the Council’s public liability insurance and are
encouraged to hold their own public liability
insurance.
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USE OF DANGEROUS MATERIALS AND
OBJECTS IN STREET PERFORMANCE
1. Introduction
1.1
Wellington City Council recognises that some
street performers use dangerous materials
and objects in their performances and that
performances with these items are popular
with the public.
2.2
The purpose of the Code of Practice is to
ensure the use of dangerous materials and
objects is restricted to street performers who
have skills and experience in their use, and
who maintain high safety standards for
themselves and the public.
2. Approved sites for using dangerous
materials and objects
2.1
There are three approved locations for street
performance involving dangerous materials
and objects: Cuba Mall, Manners Mall and
the Courtenay Place circle
6
. Performances
with dangerous materials or objects can also
take place in Civic Square, on the waterfront
and in City parks with written permission
from the appropriate authority (see p11).
6
See map on p14.
Code of Practice
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WELLINGTON CITY COUNCIL STREET PERFORMANCE AND BUSKING POLICY HANDBOOK
3. Special street performance permits
3.1
Street performers using dangerous materials
and objects must hold a current special street
performance permit to use these items in
their acts.
3.2
Special street performance permits are free of
charge and valid for three months.
3.3
Special street performance permits require
peer endorsement from two peers reviewers
approved by Wellington City Council and
listed on the special permit application form.
Please note:
- A performer renewing their permit within one
year of expiry is not required to undergo further
peer review.
- A performer renewing their permit more than one
year from the expiry date is required to undergo
the peer review.
- Organisers of festivals that include international
street performers using dangerous materials or
objects can obtain peer endorsement on behalf of
a performer by providing a detailed description of
the show, an assessment of its safety standards
and references.
3.4
All general conditions applying to street
performance licences also apply to the
special street performance permit.
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WELLINGTON CITY COUNCIL STREET PERFORMANCE AND BUSKING POLICY HANDBOOK
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3.5
Street performers holding special street
performance permits must have the permit
with them while performing with dangerous
material and objects, with the permit either
on display or ready to show to any Council
officer or member of the public who asks to
see it.
3.6
A special street performance permit may be
withdrawn if any of the conditions of the
street performance license or Code of
Practice is not met. Any performer whose
permit is withdrawn is not eligible to reapply
for at least one year.
4. Conditions for special street performance
permits
4.1
Street performers holding a special street
performance permit must meet the following
conditions when using dangerous materials
or objects in their acts.
•
Define the performance space by setting a
visible boundary of at least two metres
between herself/himself and the audience,
using one of the following options:
- Roped or chained off area,
- Chalk line that is removed once the performer
has completed the act.
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WELLINGTON CITY COUNCIL STREET PERFORMANCE AND BUSKING POLICY HANDBOOK
•
Include a fire blanket or fire extinguisher in
their performance kits, and ensure it is
visible and accessible throughout the
performance.
4.2
The only flammable liquid permitted is
kerosene.
•
Store and transport kerosene in portable,
unbreakable, closed containers of a 5 litre
maximum capacity (for example, a plastic
squeeze bottle for accurate fuel application).
Containers should be clearly labelled
‘KEROSENE/POISON’.
•
Avoid dripping, tipping or flicking fuel onto
vegetation, people or property. Drip stains
on ground surfaces must be removed by the
performer before the end of the performance.
4.3
All dangerous objects (including chain saws
and mechanical devices) used in a
performance must be blunted so they are
incapable of piercing human skin when
pressure is applied directly.
5. Restrictions on special street performance
permits
5.1
The same restrictions applying to holders of
street performance licences apply to holders
of special street performance permits.
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WELLINGTON CITY COUNCIL STREET PERFORMANCE AND BUSKING POLICY HANDBOOK
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5.2
Special street performance permits are only
issued to individual street performers, not
groups. Each performer in a group must
hold a current special street performance
permit if they are to use dangerous materials
or objects.
5.3
Wellington City Council reserves the right to
withhold permission for street performances
involving fire, if a fire ban is in force in the
city.
Special street performance peer review – How
it works
Peer review is the process of discussing or viewing a
performer’s act and making sure all the safety issues
have been considered. Because each performance is
unique, the best way to assess the safety of an act is
for a performer’s peers to review it and give their
opinion.
Peer review for safety is to assess whether a performer
has considered safety and whether they are aware of
basic safety principles.
Peer review doesn’t guarantee that an act is 100% safe
but instead assesses whether a performer is aware of
the risks of working with fire and other dangerous
objects and committed to minimising those risks at
all times.
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WELLINGTON CITY COUNCIL STREET PERFORMANCE AND BUSKING POLICY HANDBOOK
Peer reviewers are experienced local performers. Two
peer reviewers will meet with a performer to discuss
the show and if necessary view part of the perfor-
mance. Performers need to contact the peer review-
ers to arrange a review time. Contact numbers for
peer reviewers are on the special licence application
form. Peer reviewers will try and assess all acts as
quickly as possible.
Any performer who does not pass the peer review will
not be permitted to perform in Wellington using
dangerous materials or objects. They will still be able
to perform without using dangerous materials or
objects.
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Community groups interested in developing street
performance shows, or organising workshops for
young people to learn performance skills may be
eligible for Arts and Culture, Youth Development or
Community grants. Application forms and funding
criteria can be obtained from the Council’s Grants
Officer. Assistance and advice about preparing grant
applications is available from Recreation Wellington.
Please contact them on 499 4444.
Street performers interested in supporting commu-
nity groups and helping young people to devise
street performances should contact the Community
Services Unit.
Ways to get support for street
performance
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WELLINGTON CITY COUNCIL STREET PERFORMANCE AND BUSKING POLICY HANDBOOK
If you believe a street performance does not comply
with the Council’s street performance conditions, you
can:
• talk to the performer(s) and explain what you
want them to do differently (e.g. perform some
where else or perform more quietly);
• ask to see their street performance licence and
note their licence number so they can be
contacted by Council;
• complain by ringing the Council on 499-4444 –
24 hours a day;
• lay a complaint with Police (if the performer is
drunk, violent, indecent, disorderly or behaving
offensively).
When you are laying a complaint about a street
performance or performer it’s helpful if you provide
the following information:
• your name and contact details,
• the performer’s name and licence number,
• what time the performance started, what kind of
performance it is,
• what you object to about the performance,
• the ways in which the performance is not
complying with the licence conditions.
Once the complaint is received, a Council officer will
investigate and take appropriate action.
Making Complaints
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• People organising street events, including
parades, festivals, marches and protests, have to
get approval from the Council for using public
roads.
• If the event includes performance, the performers
are not required to hold street performance
licences as the organisers are responsible for
ensuring their performance complies with the
conditions in this guide. Organisers should
ensure all performers understand the street
performance conditions in this guide.
• If the organiser wants a performance that will not
comply with the street performance conditions,
they must obtain written permission from the
Council for exemption.
• If the performance will involve dangerous
materials or objects, the performers must hold a
current Special Permit and comply with the Code
of Practice. (See p17).
• For further information about planning an event
that will impact on a road, see the ‘Planning a
Street Event’ brochure available from Council
Service Centres, or contact Council on 499-4444.
Guidelines for organising street
events
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GIVE US A CALL AT 499 4444
To inquire about street performance licences and
special permits -
Events Facilitator, Recreation Wellington
To complain about a street performance or busker -
Wellington City Council Call Centre
To organise a street event -
Events Facilitator, Recreation Wellington
To find out about community grants -
Grants Officer, Recreation Wellington
To find about about youth events -
Youth Projects Co-ordinator, Community Services
To comment on the street performance policy -
Policy Adviser, Policy Unit
Need more information?
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Definitions
Busking is street performance where performers accept money from the public.
Circle acts are performances lasting 20-40 minutes that encourage the audience to stop and
watch or participate.
Dangerous materials or objects are materials and objects that could be a risk, or hazard to the
public and performers.
·
Dangerous materials include flammable materials and chemicals, fire, fireworks, smoke,
flares, heated elements, or anything giving off heat or toxicity that could harm or
damage the public or the environment.
·
Dangerous objects include whips, knives, spears, swords, spikes, chainsaws and sharp
objects of any kind that could harm the public or performers.
Pitch is a site where busking or street performance takes place. The size of the pitch is set by
the boundaries of equipment, props, participants or movements that are part of the performance.
Public places are places in the city managed by Wellington City Council or its LATE’s where
busking is permitted. This includes streets, footpaths, pedestrian malls, squares, parks and the
waterfront.
Quiet performances: are performances with no amplification, musical instruments or noise
making objects. Can involve up to four voices at a time, if the tone is conversational.
Reasonable background noise: is based on an assessment made by Wellington City Council’s
noise control officers when measuring the sound volume of a street performance and taking
into account the location, time, day of week, weather and traffic conditions and other activities
happening in the area.
Sound performance is performance that involves amplification, musical instruments or other
noise making objects (such as tools, fireworks, chainsaws, sticks or motors), loud voices or more
than four voices.
Squatting/holding a pitch is where a person occupies a performance site so they can perform
there later.
Street performance is musical, dramatic or other performance (including busking), involving
musical, theatrical or circus performance skills including playing musical instruments, dancing,
singing, clowning or juggling, pavement art, speeches, poetry or doing other acts of a similar
nature in public places.
Roaming act is performance that does not take place in a single pitch/site but involves the
performer(s) moving around and mingling with the public.
Walkby acts are spontaneous shows that can last much longer than a circle act and do not require
the public to stop and watch.