Litigation Recent Decisions 13/05/96

Busking where no one is annoyed by the busker

De Cristofaro v British Transport Police (1996).

DC (Pill LJ and Newman J) 23/4/96.

Summary: Buskers may be prosecuted for playing for reward in a London Underground station even if their performance does not annoy any member of the public.

Appeal by busker in the London Underground against conviction of soliciting a reward without permission for playing a musical instrument at Piccadilly tube station contrary to bylaw 22 (2) (c) London Transport Executive pursuant to its powers under s.67 Transport Act 1962. The appellant contended that the prosecution ought to have been brought under bylaw 22 (1) which prohibited the playing of music if it caused annoyance to the public.