Summary: We will not investigate this complaint about the way the Council has dealt with reports of noise and nuisance from busking near Mr X’s home. There is not enough evidence of fault in the Council’s actions following the reports it receives. Also, the Council has apologised and offered to pay Mr X £100 in recognition of its failure to keep him updated on the outcome of his reports. We consider this is a suitable remedy to this part of the complaint.

The complaint

1. Mr X complained the Council is not taking enough action to control the noise created by street buskers performing near his home. He says the buskers also cause a community safety issue.
2. He said this has had serious negative effects on his sleep, enjoyment of his home, and his mental health. He also says he sometimes has to call the Council three times a day to report noise, and this has a significant impact on his work and therefore income.
3. Mr X wants financial compensation.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. 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

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

Legislation and guidance

Street Entertainment (busking) Policy

8. The London Authorities Act 2000 provides optional powers for London councils to adopt busking licensing.
9. 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.
10. 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 to use loud instruments or amplifiers, environmental health officers or those with relevant expertise consider the application.
11. 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

12. Mr X moved the area two years ago. He says the buskers perform on the street about near his home all day. Mr X said he is continually reporting the noise nuisance and concerns about public safety to the Council.
13. The Council says complaints about buskers are dealt with directly by Community Safety Officers who undertake patrols.
14. The Council says 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 straightforward if breaches are identified. The Council also says busking complaints about unlicensed performers often involve people who are generally not known to the Council and often obtaining their details involves the police.
15. The Council explained the police often have other priorities and cannot always attend the site
16. The Council also confirms:
• Busking is legal across the borough without a licence unless the type of entertainment is excluded from needing a licence under its policy.
• Relevant enforcement action will be taken against persistent offenders. An individual has been served with a Community Protection Warning and if they reoffend they will receive a Community Protection Order.
• Residents can report concerns to the Council. However, this service is available during the Council’s working hours. Complaints received outside of working hours will be actioned within ten working days.
• Patrols have increased monitoring of the site near Mr X’s home following his reports.
• It is discussing the possibility erecting signs advising of illegal busking.

My findings

17. 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.
18. I recognise the impact on Mr X caused by the noise made by buskers near his home. However, it appears that many of these buskers do not hold a licence, and the Council does not hold their details.
19. Enforcement action is discretionary. The Council has taken action where possible although this often dependent on the level of police support. There is no evidence of fault in how the Council acts against unlicensed buskers.
20. The Council has apologised for failing to keep Mr X updated on the actions taken because of his reports. It has offered him £100 in recognition of his time and trouble. I consider this is a suitable remedy to this failing.

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Final decision

21. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the way the Council deals with his reports of noise and nuisance. And the apology and offer of £100 is a suitable remedy for a failure to keep him informed of the progress of his reports.

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Investigator's decision on behalf of the Ombudsman