Agenda of Community, Culture and Events Committee Meeting

Agenda (Open Portion)

Community, Culture and Events Committee Meeting

Page 4

27/5/2021

Community, Culture and Events Committee Meeting (Open Portion) held Thursday, 27 May 2021 at 5:30 pm in the via Zoom.

This meeting of the Community, Culture and Events Committee is held in accordance with a Notice issued by the Premier on 3 April 2020 under section 18 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020.

The title Chief Executive Officer is a term of reference for the General Manager as appointed by Council pursuant s.61 of the Local Government Act 1993 (Tas).

COMMITTEE MEMBERS

Sherlock (Chairman)

Sexton

Harvey

Dutta

Ewin

NON-MEMBERS

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Briscoe

Thomas

Behrakis

Coats

Apologies:

Leave of Absence: Nil.

1. Co-Option of a Committee Member in the event of a vacancy

2. Confirmation of Minutes

The minutes of the Open Portion of the Community, Culture and Events Committee meeting held on Thursday, 29 April 2021 and the Special Community, Culture and Events Committee meeting held on Monday, 24 May 2021, are submitted for confirming as an accurate record.

3. Consideration of Supplementary Items

Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.

Recommendation

That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer.

4. Indications of Pecuniary and Conflicts of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

Members of the Committee are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Committee has resolved to deal with.

5. Transfer of Agenda Items

Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.

A Committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.

In the event that the Committee transfer an item to the closed portion, the reasons for doing so should be stated.

Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?

Item No. 6.1

Agenda (Open Portion)

Community, Culture and Events Committee Meeting

Page 15

27/5/2021

REPORT TITLE: Busking and Street Performance 6-month trial

REPORT PROVIDED BY: Activation and Christmas Programs Officer

Community Activation & Grants Coordinator

Manager Activation Programs and Tourism

Director Community Life

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to present the Council with a summary of the findings from the Busking and Street Performance 6-month trial.

1.2. This report seeks approval from the Council for a new Busking and Street Performance program. The program aims to activate the City and bring social, cultural and economic benefits for the community.

1.3. The community will benefit from increased opportunities for performance and creative expression with the aim to create more vibrant and appealing public spaces throughout Hobart.

2. Report Summary

2.1. The Busking and Street Performance 6-Month trial commenced on 1 October 2020 and concluded on 30 March 2021 and aimed to expand opportunities for performance and creative expression throughout Hobart.

2.2. Prior to the Busking and Street Performance 6-Month trial there were limited opportunities for permitted buskers to perform in Hobart. There were three locations only, two in Elizabeth Mall and one in Wellington Court and performance was limited to between the hours of 11 am and 2 pm.

2.3. Through desktop research officers identified that the Hobart program was out of step with other programs around Australia and New Zealand.

2.4. The trial increased the permitted performance locations from three (two within Elizabeth Mall and Wellington Court) to 27 across the city centre, outer suburbs and parks locations.

2.5. The trial also increased the permitted performance times from 11 am until 2 pm to 8 am to 8 pm Monday to Friday and 10 am to 8 pm on Saturday and Sunday.

2.6. Feedback and comments were collected throughout the trial via a dedicated Your Say page, permit holder survey, emails received and conversations with community members and business owners.

2.7. Key issues arising through the trial relate to the quality of performers, amplification of performance, under-utilisation of spaces and the proximity of some locations to businesses.

2.8. In response to these issues, it is proposed that applicants provide a sample of their work, that amplification be allowed at five sites in the program, the number of sites reduced from 27 to 25, better promotion of the program, including all available busking sites and continued engagement with businesses about the program.

2.9. Overall, feedback and comments about the trial were positive and it is understood there is a general desire for greater activation around Hobart as well as support provided to the arts and culture sector.

3. Recommendation

That:

1. The Council approve an expanded Busking and Street Performance Program for the City of Hobart.

2. Based on the findings of the Busking and Street Performance trial of
1 October 2020 to 30 March 2021, the Chief Executive Officer finalise the terms and conditions for delivery of the expanded program to commence by August 2021.

4. Background

4.1. The Busking and Street Performance 6-Month trial commenced on 1 October 2020 and concluded on 30 March 2021.

4.2. Prior to undertaking the Busking and Street Performance 6-Month trial there were limited opportunities for permitted buskers to perform in Hobart. There were three (3) locations only, two (2) in Elizabeth Mall and one in Wellington Court and performance was limited to between the hours of 11 am and 2 pm.

4.3. Through desktop research officers identified that the Hobart program was out of step with other programs around Australia and New Zealand.

4.4. The impacts of the COVID-19 pandemic on the arts, creative and events sector has restricted opportunities for performers in Hobart.

4.4.1. The vast number of indoor venues were unable to host performances due to government COVID-19 restrictions.

4.4.2. A trial to expand the number of venues and performance times could generate income for performing artists affected by the closure of venues and lack of audiences, whilst also activating public spaces and benefitting local businesses.

4.5. The aim of the Busking and Street Performance Program 6-month trial was to establish whether changes to the program by increasing opportunities for performances and creative expression would create more vibrant and appealing public spaces throughout Hobart.

4.5.1. The City defines busking or street performance as the act of performing in a public place often, but not always, in exchange for money.

4.6. The City of Hobart trialled an increase to the number of locations where busking and street performance would be permitted from 3 to 27, as well as more flexible and user-friendly terms and conditions.

4.7. The 6-month trial allowed buskers and street performers holding a permit to perform at designated locations throughout the Hobart local government area, including a mix of city and suburban shopping precincts along with a selection of parks.

4.8. The trial performance sites were chosen for their proximity to potentially large numbers of passers-by, while also aiming to reduce possible negative impacts on residents and businesses by ensuring minimum distances from shop frontages and footpath areas for pedestrians.

4.9. The trial placed a limit on the size of groups that could perform – four (4) persons in the Elizabeth Mall, Wellington Court and parks locations and two (2) at all other locations.

4.10. Buskers and street performers were required to display the ‘Permitted Performer Card’ at all times when performing, so the public knew they were registered to participate in the trial.

4.11. There was also an increase to the permitted performance times to between 8 am and 8 pm on weekdays, Monday to Friday and 10 am and 8 pm on weekends, Saturday and Sunday.

4.11.1. Consultation was undertaken with the City’s Compliance Unit and the proposed times for the purposes of the trial were supported.

4.11.2. The intent of the increase to the permitted performance times was to give opportunities for performers to take advantage of the morning and evening commute of 9 am – 5 pm workers who transit through the locations. Previous permitted times were limited to 11 am until 2 pm in the Elizabeth Mall and Wellington Court locations.

4.12. Through researching other programs, it was identified that there is roughly an even split of organisations that charge a busking permit fee (between $20.00 and $384.00 annually) and those that do not charge a fee.

4.12.1. For the purposes of the trial, it was decided to not charge a fee to encourage performers to apply, also noting the impacts of COVID-19 on performers.

4.13. It was also identified through this desktop research there is an even split of organisations that audition permit holders and those that don’t.

4.14. In addition, most programs specify particular locations where busking and street performance is permitted.

Community Engagement

4.15. Several engagement methods were undertaken for the trial.

Your Say

4.16. A dedicated Your Say page that included a feedback form was open for the trial.

4.17. 75.8 per cent of Your Say respondents (22 respondents) either support or somewhat support the new terms and conditions for the Busking and Street Performance program.

4.18. 82.8 per cent of survey respondents (24 respondents) either support or somewhat support the trial performance locations.

4.19. A small number of respondents added comments through the Your Say page about the proximity of some locations to local businesses, the presence of performers in parks and observations that some locations would be under-utilised.

4.19.1. Officers from the City Amenity Division have confirmed a desire to see Hobart’s parks activated more, but acknowledge there should be opportunity for people to take advantage of the tranquil surroundings.

4.19.2. Consequently, it is proposed that the two trial rivulet locations would be reduced in size and that two other parks locations would be removed from the recommended final list.

4.20. Three (3) responses queried the quality of performers.

4.21. There were two (2) comments that supported the use of amplification for the reason that it would improve performance quality.

Online permit holder survey

4.22. In January 2021 an online survey was sent to all trial busking permit holders to gather data and feedback about their experience. Thirteen responses to the survey were received.

4.22.1. From these responses it was found that the most used locations in the trial Elizabeth Mall (both locations), Wellington Court, Mathers Lane (Bathurst Street end) and Kennedy Lane, Salamanca and the main reason for choosing these locations is high pedestrian foot traffic.

4.22.2. There was majority support for amplification at some sites.

4.22.3. The longer busking hours and expansion of performance locations was well supported.

4.22.4. It was noted that interactions with other buskers at popular performance sites can be an issue around time limits.

4.23. The small number of responses to the survey suggest there would be benefit in the City engaging more closely with buskers to develop a relationship to assist the program to evolve and improve.

Businesses surrounding locations

4.24. Officers hand delivered letters to local businesses explaining the detail and location of the trial before it opened. Several businesses commented that it was encouraging the City was doing something to add vibrancy and life to different precincts.

4.25. During the trial, two complaints were received from businesses about buskers and these were regards to performers in Elizabeth Mall and Wellington Court. In both instances the performers were in breach of the terms and conditions and the City Inspector dealt with it accordingly.

5. Proposal and Implementation

5.1. In response to the feedback received from the trial and research of other city busking programs it is proposed that the final City of Hobart Busking and Street Performance Program be implemented with some adjustments to the trial program locations and terms and conditions.

5.2. Despite not all sites being used by buskers during the trial, it is proposed that multiple busking sites across Hobart remain.

5.2.1. It is proposed that promotion would assist with greater awareness of site availability across Hobart.

5.2.2. The sites that are proposed are not considered to adversely impact residential or business amenity, but would be reconsidered should public complaints be received.

5.2.3. The objectives of enhanced vibrancy and more opportunity for creative expression would be supported through more site options.

5.2.4. It is proposed that the final program incorporate 25 different locations across Hobart as detailed in Attachment A to this report. This is a reduction of two (2) sites from the trial.

5.2.5. Officers would re-engage with businesses within close proximity to busking sites when the final program is announced. Under the terms and conditions, businesses can ask a busker to move on if the busking is having a negative impact on the business.

5.3. That the permitted performance times remain as 8 am to 8 pm Monday to Friday and 10 am to 8 pm on Saturday, but be reduced to 10 am to 6 pm on Sunday.

5.4. It is proposed that applicants provide a sample of their performance as part of the permit application process. This is a change from the current administrative practice.

5.4.1. It is not proposed that officers audition performers at this time however, it is recognised that the City would benefit from having buskers provide a sample of their art form at the time of their application for a permit.

5.4.2. Applicants would be able to submit a sample of their work either in person, upload a video or send a link to a YouTube, Vimeo or similar platform.

5.4.3. The Activations Programs and Tourism Unit would assess these samples against the permit applicant’s stated art form and assist officers to authenticate their performance.

5.4.4. This greater level of detail would help create a more specific database of creative performers to enable officers to be proactive in sourcing other opportunities for them and add a level of commitment from performers to the program by putting forward their work.

5.5. In order to efficiently manage the administration of the program, including the proposed new requirement for a sample of work, it is recommended that intake periods are set at specific times a year.

5.6. It is not recommended that a permit fee is introduced. The City has never charged a permit fee and it is considered that the introduction of a permit fee at this time could inhibit participation in the program.

5.7. In response to the feedback that the City allow amplification of performers and in considering the research of other busking programs and the advice of internal stakeholders, it is proposed that amplification be allowed at five locations in the final program.

5.7.1. The five (5) locations that amplification be allowed at are – Franklin Square, Railway Roundabout, University Rose Gardens, Morrison Street and Legacy Park.

5.7.2. The issue of amplification is site specific and whist some other programs may be more liberal, it is suggested that those programs are designed and customised to suit their specific circumstances.

5.8. It is proposed that the remaining terms and conditions of the busking program would remain the same as they were for the trial (e.g. performance group size).

6. Strategic Planning and Policy Considerations

6.1. This report is consistent with the City of Hobart Capital City Strategic Plan 2019-29, specifically:

1.1.2 Create opportunities for people to connect to place, supporting spiritual and cultural customs and practices.

1.3.3 Measure, manage and support the effective use of city facilities, infrastructure and open spaces.

2.3.1 Provide and progressively enhance a range of quality places and facilities where people can enjoy education, recreation, socialising, healthy living and other activities and events.

2.4.6 Deliver and support initiatives, activities and programs that build community resilience, wellbeing and safety.

3.1.1 Support Hobart’s continued evolution as a creative and culturally engaging capital city, with a focus on community, accessibility and creative potential.

3.2.1 Use the creative arts as a platform for encouraging participation in public life and raising awareness of important issues.

3.3.1 Provide opportunities for diverse creative practitioners to develop meaningful experiences for residents and visitors.

3.3.3 Provide creative practitioners with guidance on the City’s regulatory and administrative requirements.

3.3.6 Provide affordable and accessible opportunities for community members to engage in arts and culture.

3.4.1 Support the activation of City-owned spaces for creative, cultural and commercial developments.

3.4.2 Activate streets, car parks, and heritage spaces for public art, performances, events and festivals.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. Not applicable.

7.2. Impact on Future Years’ Financial Result

7.2.1. Not applicable.

7.3. Asset Related Implications

7.3.1. Nil identified at this time.

8. Legal, Risk and Legislative Considerations

8.1. The busking and street performance permit terms and conditions have been developed to comply with the Public Spaces By Law 2018.

8.2. In accordance with the City’s risk management policy, officers from the Activation Programs and Tourism Unit work closely with the City’s Principal Advisor Risk and Audit to identify, treat and monitor any risks associated with performance elements that buskers and street performers propose to undertake.

9. Environmental Considerations

9.1. Events or activities that the City of Hobart supports are required to support the objectives of the City of Hobart Waste Management Strategy 2015-30. In particular, applicants must outline their commitment to sustainable events, certified compostable food packaging and reducing waste to landfill.

10. Social and Customer Considerations

10.1. The community will benefit from increased opportunities for performance and creative expression with the aim to create more vibrant and appealing public spaces throughout Hobart.

11. Marketing and Media

11.1. A communications plan will be developed to promote the expanded City of Hobart Busking and Street Performance program.

11.1.1. It is proposed that a program launch event would be organised that would feature buskers and street performers.

12. Community and Stakeholder Engagement

12.1. The community engagement plan included the following methods:

· dedicated Your Say Hobart page which was opened for the trial between October 2020 and March 2021,

· consultation with businesses located adjacent to busking sites in South Hobart, North Hobart and the city centre,

· consultation with trial permit holders that included an online survey.

12.2. Officers consulted internally with Manager Environmental Health, Senior Environmental Health Officer, Manager Development Compliance, City Inspector, Manager Legal and Governance, Legal Officer, Program Leader Parks and Reserves, Principal Advisor Risk and Audit, Principal Advisor Customer Relations, Executive Manager City Place Making, Senior Customer Service Officer, Senior Advisor Community Engagement, and Community Engagement Officer.

12.3. Throughout the trial further desktop research was conducted by officers and included Sydney, Melbourne, Perth, Freemantle Markets, Adelaide, Auckland, Launceston and Salamanca Market.

13. Delegation

13.1. This is a matter for the Council’s determination.

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

Sophie Berry

Activation and Christmas Programs Officer

Louisa Gordon

Community Activation & Grants Coordinator

Iris Goetzki

Manager Activation Programs and Tourism

Tim Short

Director Community Life

Date: 20 May 2021

File Reference: F21/24134

Attachment a: Busking and Street Perfomance Locations ⇩

People	We care about people – our community, our customers and colleagues.
Teamwork	We collaborate both within the organisation and with external stakeholders drawing on skills and expertise for the benefit of our community.
Focus and Direction	We have clear goals and plans to achieve sustainable social, environmental and economic outcomes for the Hobart community.
Creativity and Innovation	We embrace new approaches and continuously improve to achieve better outcomes for our community.
Accountability	We are transparent, work to high ethical and professional standards and are accountable for delivering outcomes for our community.