Request ID: FOI-1072-2425 Date published: 26 July 2024
You asked
1) All policies/procedures etc for buskers on TfL property
2) Any impact assessments on buskers on TfL property
3) Any documents showing what assessment TfL has made on how buskers at stations impact people who are sensitive to loud sounds, such as people with autism.
4) What would TfL's legal defence be if accused of discrimination against people who are sensitive to loud noises including people who have this sensitivity to noise because of autism (i.e. an illegal discrimination on the protected characteristic of health). The current policies lead to toxic environments for these passengers, and their need to travel in a safe environment ought to be more important than obliging them to endure distressing noise.
We answered
Our Ref: FOI-1072-2425
Thank you for your request received on 3 July 2024 asking for information about buskers on TfL property.
Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy. I can confirm that we hold some of the information you require. You asked for:
1. All policies/procedures etc for buskers on TfL property
We have been running our licensed busking programme since 2003. Please find attached the terms and conditions for the licensed busking scheme.
Please note that, according to the terms and conditions:
The Busker shall not during a performance exceed the maximum volume for the Pitch or use equipment inappropriate for the Pitch as advised by LUL or their agents. The maximum volume of a Pitch is deemed to be less than the volume at which a Public Address Announcement becomes inaudible to the majority of customers. The Busker must immediately comply with any and all requests from LUL employees or its Agents to reduce the volume to an acceptable level.
If a customer feels that a busker is playing too loudly, the customer can ask a member of staff to talk to the busker and request that they turn down their volume level.
We have also attached our Resolutions and Appeals process, which is the process we use when we receive a complaint about a busker, including noise complaints.
2. Any impact assessments on buskers on TfL property
As stated above, our licensed busking programme was established in 2003, and we do not have the records of assessments from that time. However, the busking programme was established in response to the existing presence of buskers on stations, and was a way to regulate their presence while also minimising the amount of staff and police time that was required to deal with the presence of unlicensed buskers on our system .
3. Any documents showing what assessment TfL has made on how buskers at stations impact people who are sensitive to loud sounds, such as people with autism.
As noted above, we have worked to account for this in our licensed busking scheme by including a volume restriction in our terms and conditions (attached) that requires buskers to keep the volume to a level to that where the station announcements are audible.
4. What would TfL's legal defence be if accused of discrimination against people who are sensitive to loud noises including people who have this sensitivity to noise because of autism (i.e. an illegal discrimination on the protected characteristic of health). The current policies lead to toxic environments for these passengers, and their need to travel in a safe environment ought to be more important than obliging them to endure distressing noise.
We do not have any recorded information about a hypothetical legal defence. In the event of any legal challenge this would be dealt with through our usual legal processes.
We would urge any customers to report any concerns they have with buskers that are playing too loudly to the Customer Contact Centre or the busking email address ([email protected]), noting the station, time and date at which the offense occurred. This will allow us to follow directly with the busker and raise it as an official complaint.
If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.
Please see the attached information sheet for details of your right to appeal. Yours sincerely
Gemma Jacob Senior FOI Case Officer FOI Case Management Team General Counsel Transport for London
