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The Shambles Affected by The Licensing Act 2003 (439* d) RE: Affected by The Licensing Act 2003 14 Apr 07


The following is the small print.

Street Performing Permits
c/o Community Enabling Division
West Dorset District Council
Stratton House
58-60 High West Street
Dorchester
DT1 1UZ
13 April 2007


I am pleased to inform you that Dorchester Chamber of Commerce has now been granted a Premises Licence for South Street, Dorchester (please see enclosed map).

We are now formalising the licensing of Street Entertainers and Buskers who wish to perform in Dorchester, and an application form for the permit is enclosed for your attention.

The Terms and Conditions outline the compliance criteria to ensure the enjoyment and safety of residents and visitors to Dorchester.

On receipt of your application and £10 and administration fee, this will be appraised and subject to compliance with the terms and conditions a permit will be issued. The permit will need to be carried at all times and shown to compliance officers on request.

We look forward to welcoming you in the town to entertain our residents and visitors during 2007.

If you have any queries, please call us on 01305 252 250.

Yours sincerely

Jude Allen
Cultural Development Officer
West Dorset District Council
ENDS

The application form requires the following documents.

Parental/guardian consent if under 16
Signed agreement of terms and conditions
2 passport size photographs for licence document
Risk Assessment giving full details of how the performance will be delivered with consideration to all current health & safety requirements.
Cheque for £10 payable to Dorchester Chamber of Commerce

Busking & Street Performers Terms & Conditions

1.         Health & Safety
1.1       All performers must have Public Liability Insurance to a minimum value of £2
            million.   
1.2       All performers must provide a risk assessment for their activity.
1.3       It is the responsibility of the performer to advise the Chamber of Commerce of   
            any changes in the performance that would affect the Risk Assessment or Public
            Liability Insurance.
1.4       Performances should not contain anything that might place a person or property
            at risk of harm or damage. Performers must consider, and take responsibility
            for public safety at all times in the delivery of their performance.

2.         Noise
2.1       We actively discourage the use of a PA or other amplified systems associated with
            a performance. Where such systems are used they must comply with Health &
            Safety requirements to include PAT testing.
2.2       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.
2.3       The volume must be turned down immediately if requested by a council or police
            officer.

3.         Collection of money
3.1       The principal of street entertainment and busking is for the public to voluntarily
            donate money as part of the performance; therefore under no circumstances must
            an approach be made to the general public to encourage them to donate money.
3.2       If collecting money for a charity, a Street Collection licence must be obtained
            from the West Dorset District Council through the Licensing Department,
            (01305 252441). In no other circumstances should a street entertainer on behalf
            Of a charity, cause, organisation or group.

4.         General
4.1       The Licence must be retained by the performer at all times whilst on site, and
            presented to a council officer on request.
4.2       No busker or street entertainer has the sole right to any pitch and if a site is
            required by more than one busker or street entertainer, there must be rotation
            every 45 minutes.
4.3       A break in the music of 15 minutes must be provided every 45 minutes in any
            playing session.
4.4       Licence holders must ensure that the area is kept tidy at all times and that if
            litter is generated; it is removed at the end of the performance.
4.5       Performers must not cause any congestion outside shop frontages or public
            walkways. If congestion occurs, the performer must stop the show and
            politely ask the general public to move away from the congested area.
4..6      Under no circumstances will generators be allowed on site.
4.7       Performers may sell CD's as part of their Busking Act, however if it is
            felt that a performer is there solely to sell his goods, the licence will be
            revoked immediately. This condition is an interim measure and
            Dorchester Chamber of Commerce reserves the right to withdraw this
            option at any time entirely without notice if they so wish to do. If an
            applicant is under the age of 16, written consent must be provided by a
            parent/guardian.
4.8       No performances may be given by a performer whilst under the influence
            of any intoxicating substance.
4.9       Performers must ensure that the content of their performance does not
            cause offence to members of the public, and appeals to a wide range of
            People including children, families and the older generation.
4.10    The Dorchester Chamber of Commerce has the right to terminate the licence
            at any time without liability or penalty. Failure to comply with these conditions
            will result in the licence being revoked.
4.11    The licence will be valid until the 31st March 2008, when the licence must be
            renewed.
4.12    No vehicles will be permitted on the site at any time.
4.13    No fly posting is permitted in the West Dorset district Council area.

5.         Standards of performance.
            The Dorchester Chamber of Commerce is committed to offering the best variety
            and quality of busking and street entertainment. Therefore, the following basic
            requirements will be considered in issuing and revoking the street entertainer and
            busking licence:
5.1       Musical Performances.
5.1.1    There must be sufficient variety in the performances i.e. no repetition of material
            within a 45 minute set.
5.1.2    There must be an acceptable degree of musical competence i.e. the performance
            must be melodic and in tune.
5.1.3    Single tone rhythmic performances are not acceptable.

5.2      Street Entertainers
5.2.1   Performers are required to be skilled and experienced in using the props of their
          Performance. They must also have an understanding of, and a commitment to   
          safety for the public, themselves and the environment.
5.2.2   The use of fire in a performance is not permitted e.g. juggling, fire, eating/
          breathing.
ENDS

The presumption of entertainment permission for regulated entetainment contained in the Act, is that the applicant wishes to provide some.

It is clear from the conditions - that Dorchester Chamber of Commerce (as licence holders)would not mind too much if as a result of their application and this scheme - that no busking took place at all (as long as carol singing and the usual fund raising events were not affected).

Applications like this are applied for and granted - not in order to provide and encourage all forms of regulated entertainment but in order to enable some events, but to be able to place more restrictive conditions upon others.


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