'Criminalising culture': Buskers' fury as council eyes £500 street music fine

Busker David Fisher went into Birmingham city centre this week to play his guitar and sing in what was previously a prime busking spot - right on the high street.

By doing so, he was knowingly breaching a Public Spaces Protection Order (PSPO) implemented by Birmingham City Council a year ago, which bans people from using musical instruments or amplification equipment on certain streets in the city centre.

While it also affects street preachers and public speakers, it has had a massive impact on buskers in the city.

For the past year, breaching the PSPO would land people with a £100 fine, but the council is now considering whether to raise this to £500.

This development is what led Fisher, who has busked for 15 years, to knowingly flout the ban and play his guitar and use a speaker in the city centre this week.

Speaking about the crackdown, he said: "It's been absolutely dreadful, for the council... criminalising all buskers and saying all buskers are behaving antisocially. It's frankly nonsense.

"I think it's had a really detrimental effect on our city centre as well.

"I often get the feeling that some of the people in council they want to project this image of Birmingham being a great cultural city, which it is, while at the same time criminalising anyone who doesn't meet their definition of culture - and that's not how the arts works."

Fisher, from Druids Heath, is also concerned about the difficulty in challenging a fine.

"If you're given one of these fines, you're not allowed to appeal it. If you want to challenge it you have to take it to court and that could be several thousand pounds in legal costs," he said.

Princess Ajibade-Ainsley, a busker since 2018, said she was no longer allowed to perform in her spot any more, which used to be outside Birmingham New Street railway station.

She would previously sing and rap with a speaker, which is now forbidden in Victoria Square, New Street, Temple Street, Cannon Street, Needless Alley and part of Waterloo Street.

"When I first started... we had an absolute community, drummers, beat boxers, and it was beautiful, we had a great vibe," she said.

Since the ban was introduced, Ajibade-Ainsley said that when she walked through the city it felt "dry and clinical".

"You want to hear the singers," she said.

However, other people in the city centre are supportive of the ban.

Two staff members at a shop within the enforcement zone told the BBC that the noise level before the ban was imposed was "ridiculous", adding that the conditions were "so much better now".

"You'd have to shout to the customers so they could hear you and the customers would have to shout back to you because it was so loud out there," one said.

"Personally I wish they would extend it a bit further. It should be all the main streets in the city centre."

They spoke of consistently having to endure loud noise levels throughout their shifts, which took a toll on staff and customers alike.

Some customers told staff they wanted to browse but felt they had to leave because of how loud it was.

For them, one of the biggest sources of noise was street preachers using speakers.

One of the staff members said: "There's still one preacher who gets away with having a speaker on him and he always chooses the right time when there's no around to tell him off."

Ajibade-Ainsley said: "If I'm being honest I do believe buskers were just scapegoats. It wasn't really us they wanted to get rid of."

Josie Appleton, the director of Campaign for Freedom in Everyday Life, is against the restrictions on both buskers and street preachers.

"A £500 fine is outrageous for something that actually brings life to a city centre. It's not antisocial behaviour. It's a positive contribution," she said.

"The fact in England's second city, the whole of the city centre, there's no music except for today it's outrageous.

"It changes what a city centre is, it makes it much more a shopping place and not a place people can gather, share things and make each other feel better or differently or bring a smile.

"You look at people walking past - they're smiling, taking photos, it brings some pleasure, and to call that a crime is criminal."

Speaking about street preachers, she said: "They're not trying to hurt people, they're trying to pass on what they believe is truth and love and those are positive things, even if you don't agree with them."

Birmingham City Council's Licensing and Public Protection Committee will be making the decision as to whether to increase the fine for breaching a PSPO on 18 November.

This would affect all PSPOs, including against dog fouling and street cruising, and is because of changes made to the Crime and Policing Act 2026 in October.

A spokesperson for the local authority said: "Busking is welcome on most public land in Birmingham, but a Public Space Protection Order places restrictions on the use of musical instruments and amplification within a defined area of the city centre.

"These measures are intended to address excessive noise and balance the needs of performers with those of residents, businesses and visitors.

"As the city centre is also a residential area, it is a statutory duty of the council's to act on the noise complaints that were received."

They added that it was the council's process to warn any buskers breaching the PSPO and ask them to stop before issuing them with a fine.

"We ask all buskers to consider their impact on others to ensure busking is enjoyable for all people in the vicinity," they concluded.

Follow BBC Birmingham on BBC Sounds, Facebook, X and Instagram.