Agenda item

2 (a) Draft Revised Street Performance Bye Laws 2016

2(b) Appendix – Report on Public Consultation

A report on the background of the review of the Street Performance Bye-Laws 2016 was brought before the Committee.

After a discussion at the March 2016 meeting of this SPC it was agreed to set up a forum consisting of two representatives from each of the interest groups, i.e. buskers, residents, businesses and including members of the SPC.

The forum met on two occasions and there was very useful dialogue between the interest groups. Broad agreement was reached on most of the contentious issues but the amplification issue was not resolved.

Cllr Lyons commended the progress made by the Forum but stated that he supported the wish of Dublin City Buskers to reform the current two tier permit system. He was of the opinion that the suggested alternative of a general permit costing €30 (including the use of amplification) for new applicants and a renewal fee of €10 should be considered by the SPC.

Management stated that it was felt the current fees (€60 amplification permit annually and €30 general permit annually) were not unreasonable as there were also administrative costs involved.

The Chair put the proposal to a show of hands. The proposal was defeated. Recommendations were put before the members to consider.  The Chair suggested that the members go through each of the recommendations for agreement and to leave the bye-law regarding amplification until the end.

·        Permits (Bye-Laws 1 – 3) Outcome: Proposed actions agreed

·        Definition of Street Performance Outcome: Proposed actions agreed

·        Performance Locations and Prohibited Places (Bye Laws 1, 5 and Definitions) Outcome: Proposed actions agreed

·        Special Restrictions – Grafton Street (New Section)

Outcome: Proposed actions agreed subject to an amendment to replace the wording

“large bands” with “bands of 5 members or more”

·        Performance Times (Bye Laws 5 and 6) Outcome: Proposed actions agreed

·        Behaviour and Conduct (New Bye-Law) Outcome: Proposed actions agreed

·        Revocation and Refusals (Bye Law 23 formerly Bye-Law 27)

Outcome: Proposed actions agreed

·        Appeals (Bye-Law 28)

Outcome: Proposed actions agreed

·        Sale of CDs/Merchandise (Proposed New Bye-Law)

Outcome: The issue of the sale of CDs and other merchandise to be considered as part of a review of the Casual Trading Bye-Laws

·        Amplification (Bye-Law 9)

Regarding the proposal to add a Bye-Law “The use of backing tracks is not permitted in any circumstances”, the Chair informed members that the Enforcement Officer had stated that a lot of amplification issues would be removed if backing tracks were not permitted.

The Chair called for a vote, to which the majority of members agreed to add this Bye- Law i.e. backing tracks were not permitted.

In an effort to address noise levels generated by amplifiers and backing tracks, 4 options were proposed:-

1.     A total ban on the use of amplification

2.     A ban on amplification at certain locations and/or at certain times

3.     Amend  the  existing  Bye-Law  of  a  sound  limit  of  80  decibels  to  include  a  set measurement distance and recording interval.

4.     Introduce a revised sound limit of 100 decibels at a distance of one foot from the front of an amplifier.  This has been suggested by street performers on the basis that there

is almost no ambient noise distorting the reading at such a distance and that the decibel level further away would be significantly lower.

The Chair asked members to vote on only one option:

·        Option 1 received 2 votes.

·        Option 2 received 9 votes.

·        Option 3 received 6 votes.

·        Option 4 received 0 votes.

Option 2 was agreed. It was also agreed to have a Street Performance Forum set up in September with a Chair from this Committee to convene meetings.

Outcome: Existing Bye-Law 9 to remain unchanged for the time being and that the alternative option of a ban on amplification at certain locations and/or at certain times will be examined and a report thereon prepared later this    year.

Action:  Bring  report  and  Draft  Bye-Laws  to  the  July  City  Council  meeting  for

approval.  Arrange to have a Street Performance Forum set up in September with a Chair from this Committee to convene meetings.