The increasing polarisation of politics across the globe is concerning for many reasons. The storming of the Capitol felt like a defining moment in this trend, while our government’s hollow pleading for the nation to unite over their shoddy Brexit deal has done nothing to bring opposing sides together. One area where this polarisation is becoming increasingly worrying is over Covid-19 measures. The world is not made up of Covid-denying conspiracy theorists and authoritarian-loving lockdown fanatics, but whenever a debate crops up, the position you take on that debate will inevitably see you lumped into one of those categories.
Most people accept that the temporary suspension of some liberties is a tragic necessity. But scrutiny has never been more important. John Harris’ excellent Guardian article goes into this at some length, so I will add the dimension of my own experience to this.
I make my living as a musician, primarily through busking. I have done for about a decade now, and this year has obviously not been ideal. I took time off during the first lockdown, but through this current one I have still been going out to work. I’m aware that a lot of people reading this will see that as an irresponsible choice: I understand where they’re coming from. However, I have done everything I can to ensure my workplace is Covid-safe – I generally accept contactless payment through a card reader; I set my case out at least 2 metres in front of me (which significantly reduces the number of potential pitches, but that’s unfortunately necessary) and I make sure I sanitise my hands immediately after touching any coins. The organisation of which I am a co-director, Keep Streets Live, has set out ways in which busking can be made as safe as possible. Given that I am outdoors (and crowds seldom gather to listen, more’s the pity), I am confident that the risk posed by this is very low.
Furthermore, the law is on our side – or at least it is in theory. Government guidance specifies that anyone who cannot reasonably work from home should continue to travel to work. If we accept that busking is work (and if it isn’t then I’d like a refund on the thousands of pounds I’ve paid in taxes on it over the years), then it seems pretty clear that buskers should be permitted to continue, as long as they do so responsibly.
Despite this, I was recently arrested for breaching Covid restrictions for busking in Harborne, a suburb of Birmingham. I spent over four hours locked in a cell, with the duty sergeant telling me that if I did not promise not to return to my job, I would be kept in custody for two days. A change of shifts softened this position, and I was released with a £200 fine that I will contest. I continued to quote verbatim the law that I, as well as my union, believe exonerates me of committing a crime, but the attitude of the officers involved was that they had been instructed to err on the side of giving a fine when there is doubt involved, on the basis that this can later be challenged.
In a liberal democracy, this cannot be tolerated. The legal system is already weighted against the poor and the vulnerable, who are forced to feed off the scraps left for them in the legal aid budget after swingeing Tory cuts. The pandemic is undoubtedly a global crisis that everyone needs to play their role in helping to control, but that does not mean giving the police and the government a blank cheque to act outside of the law in a way that will inevitably hit marginalised communities hardest.
I have heard of other buskers, including a colleague and friend of mine, who have been treated similarly – not to mention the well-publicised incidents involving people being fined for drinking coffee during their walk or for driving five miles to go for a walk in a deserted area. These incidents are not backed up by the law, and if we accept them as part and parcel of the fight against Covid-19, we open ourselves up to a deeply worrying future.
We should always question whether figures of authority are acting justly – to do so in no way implies ignorance of the reality of the public health crisis that the pandemic has created.
The photo above is by Alexander Lvir from Pexels
* David Gray is a musician, actor and writer based in Birmingham. He is a a co-director of Keep Streets Live
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37 Comments
I am going to spend some time thinking about this before commenting on this particular case.
In general though I have a lot of sympathy for the Police who are being put in an impossible situation right now, they are being pushed to hand out fines if people dont immeidiately agree to stop what they are doing while the “Rules” are a complete mess.
As you describe it, keeping a distance was the most significant safety precaution; nevertheless people do need to understand that singing is one of the more effective ways for spreading the virus. There have been several records of mass outbreaks of CoVid in choirs.
That said it is certainly questionable how heavy handed the police need to be. There seems to be inconsistency of enforcement. Other countries manage to insist that everybody wears a mask in buildings open to the public, – supermarkets etc. Shop workers deserve to be protected as much as possible, this needs to include legal support, without which many shop workers would not feel able to ask customers to wear a mask.
I think far too many u turns are one of the largest issues. This morning, hypothetically, schools are to open, later tonight, something different.
Everyone is getting stressed, I feel I’m wasting my life, I’m 72 years old, I want to see my grandchildren, like other grandparents. Other’s, are financially in a dire place, those who need treatment worried.
How can you stay in hour upon hour, no positive outcome in sight. This government, has no ideas other than do the same over and over again.
Actually, I have some understanding of other’s. I’m suggesting look at other options and opinions.
This could end in tears for many.
Ive thought about this case & my conclusion is that Busking should not be allowed.
Given the crisis facing us Now we should be closing everything that isnt essential for the next 3 Months.
Can we lock Dim Jon Sun up? And throw away the key? He’s responsible for a large fraction of the 80k covid deaths so far – by comparison a busker is just trying to stay alive. Let’s puth the responsibilities where they belong.
WW2 conscription started in 1939. The war in Britain ended in 1945. The last conscripts left the army in 1963. Nothing lasts like the temporary.
I notice Mr Gray describes his outdoor performances as a job. Can we take it he pays income tax and national insurance contributions from this occupation In order to help pay for the NHS he may possibly provide additional customers for ?
Paul Barker – Thanks for your response.
I think that we have to separate this into the moral and the legal issue. The moral side is, I agree, fraught with complications, and I understand why you say you don’t believe it should be allowed. I disagree of course, on the basis that the risk posed is very low, and I do not have the option of working from home, but I can see your point.
My big concern is that the police (who you rightly sympathise with and are in a very difficult situation, it must be said) cannot be allowed to fine/arrest those who are sticking to the law. The officers in this instance did not address any of my points regarding, for example, the Musicians’ Union legal advice regarding busking, and seemed to believe that only essential workers were legally allowed to leave the house for work. Whether or not one thinks this should be the law, it isn’t the law.
Martin – I’ve looked into these cases in some detail and it seems these were indoors and before social distancing became commonplace. In a choir, you are also remaining stationary. With my busking, the longest anyone stands in any proximity to me is a few seconds, and when you factor in that that distance never needs to be less than 2 metres, as well as being outside, I’m confident that the scientific evidence suggests a negligible risk here. I am willing to listen to studies that contradicts this of course.
David Raw – Yes, I stated this clearly in the article. I find it curious that busking is one of the few professions where people find it socially acceptable to quiz people about their tax arrangements.
@David Raw
I read somewhere that some buskers even have their own card machines. If Mr Gray ever becomes legit he might need to change his name. There’s already a David Gray in the charts, although he’s been pretty quiet for some time now.
@David Raw
“I notice Mr Gray describes his outdoor performances as a job. Can we take it he pays income tax and national insurance contributions from this occupation In order to help pay for the NHS he may possibly provide additional customers for ?”
Why not try reading the post, David?
David writes in the original article above: “If we accept that busking is work (and if it isn’t then I’d like a refund on the thousands of pounds I’ve paid in taxes on it over the years),”
What’s wrong with card readers? I’m the Treasurer at a local church and we no longer do a plate collection at services and ask for card donations instead.
Fewer and fewer people carry cash and the machine is just a new age busker’s hat isn’t it?
What Jenny Barnes said. I think we need to remember that many musicians are facing destitution. We rely on them to lift our lives above the level of a basic existence.
@John Marriott
“I read somewhere that some buskers even have their own card machines.”
Well, we can only live in hope that you actually read it in the original article above where David Gary writes: “I generally accept contactless payment through a card reader“. Or didn’t you read the original article all the way through?
Moderator’s note
Can readers please read the original article fully before making critical enquiries which are already answered in the original text?
David Gray – You should not be forced to stop busking but you should yourself realise that gathering a crowd presents a coronavirus risk, especially as singing means potentially you vigorously exhale any virus to the surrounding audience. So stop busking voluntarily for the benefit of the community.
Work from home. Used the internet to promote your singing.
Quite right, Paul. Apologies.
@David Evershed
“Used (sic) the internet to promote your singing.”
Had it occurred to you that David already does this?
I have empathy for performers who struggle, having been one !
i have agreement here with Paul Walter, I and most in the arts not well off financially, are in a terrible state with regard to income anyway, as a result of covid, especially.
I agree with Paul Barker most. Everybody ought to stay home accept key workers in public service or food and emergency provision.
Starmer, too slow, often, is correct, close estate agents, nurseries, everyone stay home unless you are needed by us all, not your employer, and govt step in!
I am in favour of this party going into alliance, now, with Starmer , Labour!
Most full time buskers are self employed musicians, including myself,. The Choir example is quite famous and they were inside. Chris Whitey himself said yesterday there considerably less risk outside and the example he gave as having more risk would be in market stall close to other people for a fair amount of time . Scientist on Talkradio stated you are 20 more times as likely to catch virus indoors. Guitar case 2 metres means someone throwing a coin will be about 3 metres. More valid argument against busking is one of gaining even a small crowd, certainly solo musical buskers are generally passed by. Bands and circle acts such as magicians need a crowd to operate and that is why you don’t see them out during lockdown. Ian.
David Evershed – I don’t gather a crowd while busking. There are different types of street entertainment, such as circle shows and walk-by buskers and I fall into the latter category. This is not an indicator of ability – simply the type of performance and the nature of the pitches I choose.
In terms of using the internet, if you’ve ever tried monetising live streams on a daily basis then you would know that this is not viable. Even the most well-known artists would struggle to monetise effectively doing more than 1 live stream a month or so. I have an online presence and I’m active on these channels, but facebook likes and retweets don’t pay the bills.
John Marriot – I take issue with ‘If he ever becomes legit’. Please re-read the article. I also do have a card reader if people wish to pay by card, though most still tip with cash. In terms of the name clash, I go under the name of David Fisher for music purposes for this very reason!
I hope everyone supports buskers when they can. We had a junior minister in the coalition who had busked. I’ve done it. It’s as safe as anything in the open, safer than joggers running past you panting and they are not banned.
My little company is currently designing wearable and battery compatible micro amps for acoustic instruments, in aluminium alloy, to be made in Poland
@Paul Walter
Hang on, old chap. The point I was making, in a vain attempt to add a bit of information following comments by my old friend and fellow curmudgeon, David Raw, was that some buskers clearly are moving with the times – no more and no less. I have absolutely no problem with buskers. They liven up many precincts around the country, something we could surely do with at the moment and many are fine musicians. It’s the “have you got any loose change” merchants I really have problems with.
@David Gray
Glad to hear you have already worked out the problem with your surname. I’d hate for you to have to change all your literature etc, which is what Cliff Richard’s Shadows (originally known as The Drifters) had to do some sixty years ago. By the way it’s MarrioTT.
I agree with John Littler; busking is safer than runners jogging past you on a footpath.
The law is quite clear that if you cannot reasonably be expected to work from home then you should go to work. Busking is clearly work as it is a way of earning a living. This fine should be challenged in the courts as it sets a dangerous precedent. If the Prime Minister can cycle for exercise seven miles away (something that is outside the guidance but not the law) then David can try and earn a living. Difficult enough these days with foot traffic down substantially. David’s article is eminently clear and well argued. I suspect that the courts will see the case the same way. A solo busker set up to earn a living is no less a risk than a builder on a construction site or a parking attendant or a street cleaner or a window cleaner. All these latter forms of employment cannot take place at hone and are therefore exempted under the law. ‘Carry on busking’.
We have a pretty good idea of how the virus spreads now: the closer you are to someone; the more time you spend there; the more enclosed the area is (especially if poor ventilation); the more projection created by the person with infection the greater chance of virus spreading. There is also the information on contacting the same service.
Mistakes are being made in how the law is being enforced but the covid laws are arguably of a niche interest: they aren’t strong enough on their own to stop the virus spreading, there aren’t enough police officers to enforce them anyway and, presumably, not enough court capacity if a person refuses to pay the fine. We instead need to understand how the virus spreads and be willing to go above and beyond the law to stop ourselves from contributing to that. Those people not acting to reduce harm to themselves or others but going out of there way to lawfully take the mick out of our virus understanding aren’t helping, even if they shouldn’t be fined or locked away for a period of time. We then ask why some countries are doing so much better on virus control than the UK….
In your specific case, if you weren’t wearing a face mask then it doesn’t really matter whether people were with you for a short period of time (how long is a short period of time? Is it 20 seconds, 2 minutes or 5 minutes?) or an extended period of time, there is a medium risk of the virus being spread according to Jones N et al BMJ 2020;370 m3223*. If a crowd gathers so can be described as high occupancy this becomes a high risk situation. Theorising that a short period of time is at least 2 minutes, are buskers advised to stop singing if people stop to watch? If not then it seems that business needs/delayed health needs, as is happening with sporting events, are being treated as a greater priority than infection control needs.
*happy for someone to tell me this has been updated/corrected if it’s no longer accurate.
Sorry, this is LIBERAL Democrat Voice? It is utterly disproportionate what happened to David. Frightening and troubling.
@David Gray. Thank you for publishing this. In my view you should not be penalised.
In practical terms what is guidance what is the law has become badly confused. A barrister helpfully pointed out in The Guardian today that there have been 64 changes to COVID regulations since March last year which now run to 50 000 words. The result is that enforcers are selectively and wrongly applying the law – not that I envy their job.
In moral terms I’ve shocked by how many people have not just accepted but positively celebrated punitive crackdowns. ‘Tough sentencing’ and ‘Punishment deters’ are being advocated by people who ought to know a lot better, and have previously been loudly and volubly critical of such views. Endorsing order over justice is unequivocally illiberal whatever cause it’s employed in.
@Ruth Bright is entirely correct. The issue is not whether busking should, or should not be illegal. David’s union had advised him that he was acting within the law. It is likely they were correct (I am certainly not qualified to argue with them).
The police, however, decided that they are also judge and jury and to lock a man up for four hours in those circumstances is outrageous. It would have been quite sufficient for the police to have issued the (contestable) £200 fine and to have moved him on. Where it is clear that we are in a contested area, police should act with common sense and a little bit of humility.
James Fowler, Ruth Bright, Chris Cory all spot on.
It is amazing how the fear factor has prompted people to abandon their usual principles and advocate draconian but ineffective policies
that do little to keep people safe.
Anyone arguing against them is dismissed as “libertarian” which shows no understanding of what libertarianism is. Libertarians are not anti-authoritarian. They believe in a minimalist state whose only function is law and order, defence, security and borders. However they are willing to support authoritarian policies in pursuit of those functions.
Lord Sumption has written an excellent article in the Telegraph about the dangers of a police state and police officers deciding on what is “in the spirit of the law”. (Sumption too has wrongly been called a libertarian).
“Ask why some other countries are doing much better in controlling the virus “
Inter alia: An effective track and trace system, proper support for those isolating, avoiding ludicrous policies like eat out to help out, locking down promptly,not 3 weeks too late, not encouraging people to arrange to meet over Xmas then cancelling it at short notice – inducing super spreader events at London’s main line rail stations (see St Pancras), consistent, honest messaging….
…sending the students to Uni in the Autumn, failing to learn the lessons of the pandemic exercise in 2016, not providing enough PPE in stock, unnecessarily re-organising and marketising the NHS and then starving it of funds over the last 10 years…
Ofc, the government loves it when the public blames each other for not following the rules, because that lets them off. And the rules are entirely clear – see Ms Patel’s recent presser.
@ Jenny. It’s too early in my view to conduct this kind of analysis. What we can say is that the UK has been consistently in the middle of a group of about 20 countries whose death rates per head are currently between 4 and 7 times worse than the world average. Whatever you make of this (I agree it’s not great) we’re certainly not alone.
I have a question though for everyone saying that Britain should be doing better: Simply, why? When you consider our demographics, health, structural inequality, housing stock, our open global society, as well as our traditions of dissent, individualism and adversarial politics, most of this disaster was ‘baked in’ years ago. Note too that some of these characteristics are thoroughly good things that we want to retain. So, given all these things, what grounds are there for British exceptionalism?
George Thomas – some thoughtful comments there – with some busking shows, they do draw crowds and I agree that this therefore creates an added level of risk. However, my style of busking lends itself to ‘walk-by’ drops – I would estimate that we are talking a matter of seconds. I made it clear to the police that if, as seldom happens, a group were to gather to watch me, I would swiftly ask them to disperse.
Thanks to those posting messages of support – I’ve found it difficult to muster the resolve to busk since this incident and it’s helpful to see these comments.
David — obviously you’d want to seek further legal advice on this, and it probably feels silly but I’d suggest having a risk assessment (possibly even displaying one) setting out your policy on how to minimise risk, including ‘if a crowd gathers, I will stop performing’ etc. so that any people can check it. Also there is the issue of plastic screens, much popular in churches where professional choirs were singing live (which they have been in more recent months).
I’m not going to comment on the infectiveness of your behaviour, but it seems to have a case for its legality.
The problem the police have, is that most of the legislation around the lockdown implies a judgement on the purpose of the action rather than the action itself (eg there was a brief point when 10 people gathering in a socially distanced way to record a church service for broadcast via the internet was legal, but 10 people gathering for a church service was not). In the same way, singing in the street for non-profit could definitely be illegal, and if you had a portfolio career with other sources of income, the legality of your action could be more in question.
Having such complex factors requiring to be taken into consideration, but the enforcement being primarily being via on-the-spot-fines, is asking for trouble.
On Wednesday 20 January the DCMS informed the Musician’s Union that:
“The Government’s position is that, as set out in the DCMS performing arts guidance, indoor and outdoor performances with an audience should not be taking place. This means that the Government advises that busking and other forms of street entertainment should not be taking place at this time.”
At least that sorts the legal side of things . . .
Hi, Personally I think we need a bit of street music and if all respecting laws it’s ok.
I wanna try more busking.