Legal issue in Australia

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  • scanlan
    New Member
    • Aug 2005
    • 4

    Legal issue in Australia

    Hey folks, 1st message, G'day, I'm a non-traditional one-man band (I sit down).

    OK, straight to it. I'm right in the middle of a legal case involving being fined $200aus (2 seperate fines) for busking on Brunswick St, Fitzroy, Melbourne. This street is home to regular buskers, and I have busked there on and off over the last 6 years. I have not heard one word mentioned about a permit being required by the council and after speaking to other buskers, no-one else has either. This isn't a case of me being pissed off about being fined for not having a permit that I should have enquired about in the first place. I have busked in 15 countries, and always have been warned by either other buskers, council workers, or police, usually the case, ay? Well, without going into too much detail, I was warned in a strange sinister way.....ooooh.....see this old man who was standing metres away from me buskin (not watching, just hangin out) finally approached when a police arrived on the scene and surrounded me.

    The mysterious man pulled out a badge - undercover council worker out at midnight. After the exchange of the usual 'What? A licence? Wow, didn't know, I'll look into it' the man says bla blah, if I get a licence within the next 2 working days (council time) I won't be fined. No worries, I thought. Went into council, wrote a letter of application, walked straight out with unfinished letter upon finding out it cost $41.20aus (25euro roughly) a week! Believe it or not. This is just your average 'alternative' street, not a big money maker. No fine was sent so I thought it was a one-off

    After much investigation, I learnt that the council hasn't accepted a permit for at least 2 years, the last time being some kids at Christmas a few years ago. I went back to busk there 2 months later, and was busted again by police, no council worker. I showed no identification, didn't give my name. The police asked 'Have you got a licence, mate? to which I replied 'No, you can't get one'. The policeman then says with a smile 'That's right mate, now pack up'. Who knows how many buskers have been busted like this, but a few days later I received 2 fines, each dated for the above mentioned situations. Of course the second one will never hold up in court as I didn't show ID. That same council worker told me in a meeting I had the other day that he saw me from across the street, then must have went to work the next day and compiled a little report on me. Wow, what an employee!

    So this is a situation of the council pretending they issue permits for ridiculous prices, don't accept any, then pretend to give buskers a chance at getting one, then hit 'em with a fine!

    It is winter here now. It's pretty much myself and one other busker, so it's easier of course for council to take action, rather than summer when buskers are everywhere.

    Anyway, wanna say thanks to all who gave information to this site and others that has helped with this case.

    Cheers
  • zoobie
    Senior Member
    • Jan 2005
    • 127

    #2
    Instead of paying the fines, insist on going to court where the judge will clear them off.

    Comment

    • scanlan
      New Member
      • Aug 2005
      • 4

      #3
      Legal shenanigans

      Yeah, not too sure about whether it has to go to court. I have a couple of council workers already working with me on this, and I've given them articles about how I won the Australian busking championship this year, which freaked the authorities out so much so that they have already dismissed one fine, and hopefully the other soon, as they realise the media potential I have with that champion title business. A meeting of law makers has been scheduled in a few days, hopefully all is resolved peacefully and all fines banished. Still would like to get the word out about this crazy policy that has lasted for years, where else in the world is this happening?

      One time I was just about to pass the hat in Paris and was pretty much kidnapped by the cops and taken to the police station for full on interigation and threats of instrument confiscation. Yeah we can go to court, but surely with all other cases that's happened around the world we can change laws with open discussion involving something called 'democracy'.

      What does that word mean?

      Comment

      • zoobie
        Senior Member
        • Jan 2005
        • 127

        #4
        I was about to pass the hat in Switzerland when I waw stopped and taken to the police station. They have a little different procedure there....They put my guitar in jail.

        Comment

        • scanlan
          New Member
          • Aug 2005
          • 4

          #5
          Well I hope your guitar was allowed the obligatory phone call. 6 strings can say a lot more than one voice!

          Comment

          • zoobie
            Senior Member
            • Jan 2005
            • 127

            #6
            Actually, it was a Guild 12 string. They wanted 185sf but I pretended I didn't have it. I certainly wasn't going to hand them any $ because it's legal everywhere else. Since they didn't speak english, they pointed to 2 o'clock to return for my guitar.

            Comment

            • scanlan
              New Member
              • Aug 2005
              • 4

              #7
              It goes on

              After talkin to all buskers I've seen since being fined $200 for busking without the permit that doesn't exist, I've found there seems to be 2 seperate beliefs on how to go about this.

              Would like to hear any suggestions on this.

              Is it worth going ahead with a law reform attitude, possibly bringing in all kinds of restrictions (time and place, permit costs etc), or keeping it as is, busking with the hope of not getting caught and fined/busking with fear of getting caught and fined. ?

              Busking in Fitzroy has been a part of the soul of the street for many a year, and perhaps this is some strange one off (last 2 times buskin there got fined). Council man may have been having a bad night...er...nights.

              Anyone out there gone through anything like this and found more restrictions were put in place? Thing is that most buskers here start around 10pm, and go on till about 3am, a few worries here about a midnight curfew being put in. (A town in Ireland used to have a midnight curfew (pubs close at 11:30 so 30 minutes of big tips), recently moved back to 10pm, people still sober then.....disastrous!)

              Tricky business indeed!

              Comment

              • peersET
                New Member
                • Aug 2005
                • 5

                #8
                peers taylor tenor sax busker

                i busk in st kilda between midnight and 4am, and although you're supposed to have a licence, the cops only move you along if they have a specific complaint from local residents. thank god i haven't been fined. it's hard enough to make a living busking as it is.
                it's also hard to keep a low profile playing sax on the street.

                Comment

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