We spoke with “Modest Genius” David Spathaky, an old-timer who had something to say about permit systems. His comments rang true enough for us to want to post them here. Your thoughts are welcome below.

—-

Hi People,

I busked in Covent Garden pre permit and lists, and in Edinburgh before regulation of any kind. Yes, I’m that old.

I also travelled around various parts of the world and busked in many places, legal and otherwise. From my experience, in every case when permits and waiting lists were introduced, things went downhill.

In Edinburgh in the 1980s there was an informal ‘system’ on the mound; you could set up and try to attract a crowd at almost any time, but if you pulled people from another show, performers would have harsh words with you, seldom worse.

There was an honour system, in that almost no one used any amplifiers. Certainly in Covent Garden in early days they were really frowned upon. The presence of a large crowd focusing on a show in quiet concentration was usually enough to quieten passersby. Performers either projected their voices or worked without words.

Of course there were intrinsically noisy street acts. Pookiesnackenburger springs to mind, the precursors to Stomp, and they were a force of nature against which no one could or would try to compete. Large groups of percussion or even solo drummers can dominate public spaces but usually in the end they seem to find their own time and place where they don’t annoy other people.

I’m against regulation in general, and I’m against insurance. I think it encourages people to take more risks because they think that as they are insured they are somehow above common sense.

I’ve seen crazy shit on the street, and witnessed accidents I’ve also suffered injury, too. But people in public spaces are subject to all the normal laws governing behaviour in whatever country they are in, and a permit system and/or an official risk assessment doesn’t make people safer. In fact, I’d argue that the opposite is true.

I performed for several years in theatres around the world, and would usually have to submit to an inspection by a fire official. I found that this face to face talk and demonstration of the equipment in a relaxed and honest way would always result in the issue of a permit to use fire on stage in the theatre. I don’t recall ever being refused a permit.

I’m not sure if that would still hold good, but in London at least there was a provision that the use of fire had to be ‘integral to the action’ of the show. In other words, if the act was based on using fire and it would really not exist without it, the authorities would have to consider issuing a licence.

Read the small print on your insurance policy if you have one, the bit about ‘limits of liability’ and see if there is a section about ‘negligent behaviour’, yes I thought so.

If you are negligent and cause an accident because you acted negligently, you will no longer be covered. Your insurance company will try to prove you were acting negligently by using fire in a public place, regardless of your actions. So where does that leave you? yes exactly, with no insurance cover.

Insurance cover seems to be about a piece of paper that you can show someone else who has to be reassured that you are safe or has to maintain a paper record, so that if something happens they can keep their job. It is not about making you a safer performer.

So no, for all these reasons (and those outlined in the list of ‘cons’ on this page), I would say no, no and a thousand time no to licences, insurance requirements and permits.

Be happy, be safe, be well and keep in free.

http://the-great-davido.com/

P.S. I’m considering issuing a ‘Universal ‘Licensed To Perform’ Permit’ with ‘Access All Areas’ on the reverse. It will be valid at all times for any area in the world. Available for the cost of me making it + postage Anyone interested? Contact me at Davesp at eircom dot net.