Busking Fact Sheet

What is busking?

Busking is a musical or theatrical performance undertaken by a person:

(a) to entertain the public; and,

(b) seeking voluntary reward for the performance, on local government-controlled areas and roads.

Why allow busking?

Council is proud of its Central Business District precincts and open space areas, therefore, is keen for residents and visitors alike to avail themselves of a relaxed shopping/dining/townvisit experience within a safe and harmonious environment.

Under Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2011, busking is permitted, subject to public safety/enjoyment requirements.

Where can I busk?

Busking can be carried out on a local government-controlled area and or road.

Council does not control busking on private property including non-council controlled areas, roads and reserves. Should a busker wish to enter such areas, then a separate arrangement needs to be set between the relevant parties.

How much will a permit cost?

There is no fee for a busking permit (which will remain valid for three months).

How do I obtain a permit?

To obtain a permit to busk on a councilcontrolled area and/or road, you should contact council's Customer Service Centre on 131 TRC (872) to receive an application form.

Depending on the extent of the busking performance, it may be as simple as submitting an application and receiving a permit requiring compliance with standard conditions of approval.

What are standard conditions?

Council's standard conditions are applied to ensure that a busker operates in a safe manner and blends in with the amenity of the area.

In general, standard conditions are as follows:

1. Permission to be obtained from adjoining storekeeper / property owner.

2. Pedestrian access to be maintained (1.8 metres between busker and carriageway).

3. Entertainment to be in keeping with the harmony of the area.

4. Amplification shall not be used.

5. Money collection receptacle to be positioned against shop wall and away from pedestrian walkway and to be no larger in size than an average hat. (Guitar cases are not permitted).

6. Busking shall not be conducted within 5 metres of a corner.

7. Busking shall not be conducted within the covered walkway area of Style Street (Margaret Street, Toowoomba) where it crosses West Creek.

8. Busking shall not be conducted in any specific area on a given day for a period exceeding one hour.

9. Busking shall not be conducted within 40 metres of another busker.

10. Music stands are not to be used.

11. This permit does not allow busking to occur at private or public events that may be held on a council controlled area and /or footpath.

12. The quality of the recitation shall be to the satisfaction of council's administration officer, Tourism & Events.

13. Permits to be available whilst busking.

14. Expiry clause of three (3) months.

What happens if I busk without a permit?

Busking without a permit exposes the busker to legal action for conducting a prohibited activity on a local government-controlled area or road. Complying with council's requirements ensures that the activity is conducted in a safe and harmonious manner.

Contacting council:

Call council's Customer Service Centre on 131 872. A busking application form is also available below (in related documents).

Subordinate Local Law No. 1.2 (Commercial Use of Local Government Controlled Areas and Roads) 2011.