London Borough of Camden (23 009 603)

Category : Environment and regulation > Noise

Decision : Not upheld

Decision date : 28 Oct 2024

The Ombudsman's final decision:

Summary: We have found no fault with how the Council applies its street entertainment policy or licensing regime to control noise from amplified noise. It takes enforcement action where necessary and possible.

The complaint

  1. Mr X complained the Council has not taken action to control the amplified noise created by street buskers performing near his home.
  2. He said this has had serious negative effects on his sleep, enjoyment of his home, and his mental health.

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The Ombudsman’s role and powers

  1. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
  2. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

  1. I considered Mr X’s complaint and spoke to him about it.
  2. I also considered the Council’s response to Mr X and to my enquiries and the relevant street entertainment policy.
  3. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Legislation and guidance

Street Entertainment (busking) Policy

  1. The London Authorities Act 2000 provides optional powers for London councils to adopt busking licencing.
  2. The Council adopted a busking licensing regime to control street entertainment where necessary. This was in response to concerns raised about the number of entertainers using amplifiers and loud musical instruments in the street.
  3. The policy says that all buskers with amplifiers or musical instruments (unless exempt) require a licence to perform anywhere in the borough. It goes on to say that where applicants request a variation of condition in order to use loud instruments or amplifiers, environmental health officers or those with relevant expertise consider the application.
  4. The policy sets out the enforcement process for street entertainers in breach of their licence or those without a licence. This ranges from verbal warnings to prosecution.

What happened

Background

  1. Mr X moved the area over 10 years ago. He was aware that he was moving to a vibrant, musical and often noisy area. He said now more street entertainers use amplifiers, and the excessive noise makes it impossible for him to live normally in his home.
  2. He says the buskers perform on the street about 100m from his home all day, every day. Mr X said he has reported the noise nuisance to the Council. He said there are no laws or restrictions to prevent the buskers playing so loudly so the Council does nothing about it.

Licensing

  1. In the 12 month period before Mr X brought his complaint to us, the Council received 26 street entertainment licence applications. The Council said none of these were refused on the grounds of likelihood to cause a nuisance. In this same period, the Council did not revoke any licences.
  2. The Council said during this same period, it received complaints about busking. It said officers investigated and have taken action where practical and possible. The Council highlighted that difficulties arise because buskers are transient and have often moved on before an officer arrives on site.
  3. In response to my enquiries, the Council confirmed that it would be very unlikely to approve licence applications in the proximity of Mr X’s property. This is because the area is close to noise sensitive receptors and there would be potential for obstructing the pavement. It went on to say that it does not prevent ‘illegally’ unlicensed buskers or buskers not requiring a licence from performing in that location.

Unlicensed street entertainers

  1. The Council said licensed buskers are known to the Council as they must provide name and address and carry a photocard as part of their licence application. This makes enforcement more straightforward if breaches are identified. The Council went on to say that most busking complaints are about unlicensed performers. These are generally not known to the Council and often obtaining their details involves the police.
  2. The Council explained that police often have other priorities and can not always attend the site. The Council said that when officers identify breaches, they ask the busker to stop and move on. It said where appropriate, the Council issues verbal and written warnings requiring buskers to apply for a licence.
  3. The Council said it has issued community protection warnings where necessary. This is a legal process which requires the support of the police.

My findings

  1. There is no statutory requirement for the Council to act against buskers. The Council decided to adopt a policy which includes a busking licensing regime. As this is an optional power, the Council can decide the content of the policy and how to enforce it.
  2. I acknowledge that other councils have adopted policies which ban the use of amplifiers and loud instruments. The Council has not adopted a blanket ban, and this was its decision to make. I have found no fault with how the Council applies its street entertainment policy or its licensing regime.
  3. I recognise Mr X’s frustration caused by the loud noise made by buskers near his home. The Council said that it would not approve licences for amplifiers or loud instruments in this location. Therefore, the majority of these buskers do not hold a licence and the Council does not hold details of the alleged offenders.
  4. Enforcement action is discretionary. The Council has taken action where possible although this often dependent on the level of police support. I have found no fault with how the Council acts against unlicensed buskers.
  5. Unfortunately, for Mr X, music styles and technology have evolved since he moved to the area. The use of amplifiers whether licensed or not seem to be a regular occurrence in most cities. Unless the law changes or councils introduce a complete ban that can be effectively enforced, the situation is not going to change.

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Final decision

  1. I have completed my investigation. I have found no fault with how the Council applies its street entertainment policy or licensing regime.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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