Busker gets fine for playing outside Bruce Springsteen concert

This is a testimony from David Fisher, busker and director of Keep Streets Live, who was issued with a £100 on-the-spot fine for playing outside Wembley Stadium.

On the 25th July 2024 I travelled to Wembley Stadium with the intention of busking outside a Bruce Springsteen concert. I’ve done this many times before throughout all of Europe and always been met with a very positive response, as well as being willing to make accommodations with local officers/security guards regarding my safety and the safety of the attendees.

Within about 15 minutes, long before large crowds had started to arrive, I was stopped by a council officer, who told me I was breaking the terms of a PSPO (Public Spaces Protection Order) in place in the area. I was not aware of this, but I now understand that there is a PSPO in place in the area that bans all busking without consent.

I stated my belief that the official government guidance does not allow for PSPOs to be used in this way, and attempted to engage in discussion about this, but instead, the officers called the police and instructed them to arrest me in order to ascertain my personal details so that they could issue me with a FPN (Fixed Penalty Notice).

I contacted the Musicians’ Union for advice, and made the following points:

The guidance for use of PSPOs against buskers states that they should not be used against buskers where they are not causing anti-social behaviour. I asked the officer directly, “Do you suspect me of causing anti-social behaviour?” and his answer was “No.” If the guidance is not followed, I would like to know if this means the issuing of an FPN can be overturned in a magistrates’ court.
The guidance also states that, when introducing a PSPO, any ‘affected groups or organisations’ should be contacted during the consultation. To my knowledge, neither the Musicians’ Union, Equity, nor Keep Streets Live (of which I am a co-director), were informed. It is therefore unlikely that any groups representing buskers were consulted.
I was advised that I would be able to appeal the fine once it had been issued. This is not the case – an FPN cannot be appealed, but if I don’t pay then I may be liable for prosecution at a magistrates’ court. I was not aware of this at the time.

The Musicians’ Union responded, saying that non-payment of the FPN could lead to a far greater fine on prosecution, in addition to council legal costs; it advised me to pay the FPN, which I reluctantly did.