Dear Sir,
Re the letter of B.H. Morgan on Tue 7th Sept, headlined "Victory For Quiet Life", I have previously pointed out the farcical nature of the ban on my amp, and his letter continues the trend. I think BH Morgan must have seen the sign outside the cinema saying "Eyes Wide Shut" and thought it was an instruction.
Firstly my webpage did not ask everyone who supported me to turn up outside the council offices on the Wednesday. The meeting place was clearly stated the Abbey Square, as did my posters and leaflets and was well attended, especially for a wet Wednesday morning. It including a BBC SW News team who filmed the protest and broadcast it as their major story that evening, including shots of the crowd.
After my protest speech in the Square the BBC crew interviewed some of the crowd, and after a lot of positive comments tried to find a dissenting voice to balance the story. Unable to find one they just stopped people coming through the square, unaware of the protest and eventually found one who commented that he was against busking if it made it difficult to walk through the square. That was as bad as they could find and totally un-related to the volume issue. I left for the meeting with Mr Carter to rather a loud cheer and good wishes. Thankyou to all the people who have supported me in this matter.
I went to the actual meeting, something I did voluntarily, at Environmental Health Officer Mr. Carter's office purely with my legal witness. BH Morgan got their facts wrong and was at the wrong place at the wrong time and now tries to disseminate other incorrect findings in their letter.
Firstly they claim that just because 350 people visited my website it means nothing because they were not given the chance to say if they supported me or not. Wrong again, my website clearly features my email address and thankyou to all those who have emailed me after visiting my website, and by the way, it's nearly 500 people now and the emails make excellent evidence of support, contrary to BH Morgan's belief.
I agree with BH Morgan that not everyone who has visited the site is a supporter. That's the point of free speech. I just hoped people would read the actual facts and make their own conclusions. Because my belief is that the vast majority of rational people, furnished with the facts, would note a huge un-justice going on. Which I suspect is the reason why the BBC SW News gave such coverage to my plight and even showed the website, though not it's address.
Secondly, it is highly unlikely that casual web-surfers are the 500 who have visited my site, because it was not attached to any search engines. The website address was printed in just the Bath Chronicle and on my leaflets. I have only now registered the website with several search engines so the world and hopefully the tourists who enjoyed my performances will find out what a lot of people in Bath now knows. And add their support.
I have updated the site and have now also placed an appeal that anyone with video footage of any of my performances and of other Baths acts to send me a VHS copy, which I will return after copying. This will act as further evidence of responsible volume I consistently performed at, the pleasure my performances gave people, measured against other acts. I believe it will highlight the discrimination I am receiving.
Next BH Morgan claimed that no tourist signatures on my petitions were valid, as they didn't know the issues. Being a qualified Market Researcher I made sure the issue was explained to all signees including the general background of the case and showing press cuttings before asking for their signature of support, as I am sure they will testify if asked. Fortunately the majority already knew having previously seen my performances and were shocked by ban and keen to sign.
These tourists are the lifeblood of much of the city's economy and make up the majority of my audiences, and thus my income, which has been very much affected by the ban. They are very relevent.
Bath advertises buskers in it's promotional material. What Bath wants is good street acts so tourists can go home and tell everyone of how wonderful their experience of Bath was. Not of drunks playing Mongolian folk tunes on the penny whistle. My act was very much appreciated by my audiences and closer scrutiny of my petitions you will find the address of every business in the Abbey Square. The other 104 signatures are mainly Bath residents, including residents of Stall Street, Union Street and Abbey Churchyard, contrary to the mis-informed BH Morgan. Check them on my website!
These 104 signatures were taken in just over two hours taken in the Square itself. Only two people refused to sign. If I'd stayed longer I'd have got more signatures, but would still take a while to canvass all 79,000 citizens of Bath. My signees were mostly city center residents, businesses and tourists, for whom the issue is far more immediately concerning and affecting. They supported me because they liked what I did and the way I did it. They did not find me a nuisance but a pleasure. And like me they are disgusted with the victimization that is clearly being enstowed against me. They signed and wished me the very best of luck.
All want the ban lifted and for me to be allowed to use my amplifier again. Because it was used responsibly, within the terms Busker Code, allowed me to be heard against all the background noise of the Square. They agree I was no louder then most of the other of Baths street entertainers, the majority of whom also use amplifiers.
And this is the very nub of my compliant about the ban. Mr. Carter expressed in court that he feels it is acceptable to be playing a backing tape through an amp and to play along with a loud un-amplified instrument., But he feels it's wrong to plug a guitar and microphone into an amp where the entire volume is easily controlled by the volume switch.
I disagree totally. The problem is volume and nuisance. Some un-amplified instruments, especially high-pitched ones can be very loud and annoying, whatever melodies are being played, especially if you have to hear them all day. I do have some sympathy for the residents. My act was in fact a contrast in sound, finger picked guitar and voice, thus breaking the monotony of high pitched un-amplified instruments and I had far more control over volume. And to receive just four complaints in 8 months I think is testimony to the responsibility shown by me.
Mr. Carter has already conceded that he has received far more complaints about other buskers then me. In fact the four he received are questionable. Two complaints from when I played once with 3 people, one from a fellow busker, and just one from an actual resident, which he also concedes he never came out to check the validity of her complaint. Even the City Ranger, who normally deals initially with complaints about buskers has told me he was horrified by my ban which happened when he was away on holiday, that I was "The least of his problems."
I would also like to point out that these complaints all relate to the volume of my amplifier and not my conduct or performances. Yet apparently a lot of complaints received are regarding the conduct of some buskers and those who masquerade as buskers, which is probably a more important issue, especially for visitors in one of the worlds most famous squares. Yet I am the only one who is banned and they clearly enjoy my act, it is only a handful of vocal residents doing the complaining and the subjective opinion of Mr. Carter that the ban exists and being enforced. With no legal remedy having pulled out my Crown Court Appeal due to illness and was refused an adjournment.
The BBC also incorrectly stated that I used my amp the whole summer. In fact it was brought out on just 6 occasions, and did only after a lot of support, including people employed by the council to oversee security in the Square that they would certainly turn a blind eye, hoping a bit of common sense would ensue. One of them even confirmed my volume level as suitable before I even started performing. I also received advice that Notice could be technically invalid, and also I could contravene the Notice if I had a reasonable excuse. Which includes the causing the loss of earnings, not being to be able to perform my work normally and that all efforts were being made to reduce the nuisance.
As soon as Mr. Carter saying I might be contravening the Notice contacted me, I stopped immediately. Showing again a responsible attitude on my behalf at least. I hoped our discussion could lead to a suitable compromise and resolution. He though has since written saying he has referred the matter to the courts with a recommendation of action for breaking the Notice, which could lead to a fine of £8,000. Which would lead to just further injustice and a high price for the much pleasure I have given visitors to Bath and the majority of residents. Last year my performances were even attended on a regular basis by people who had come to Bath to a healing group, on the recommendation of it's organiser who often came themselves.
However, I do agree with BH Morgan's final sentiments, that most people don't object to buskers, they do though object to day long loud, intrusive noise from amplified music from which there is no escape. So would I and any other rational person.
The simple fact is that my performances were normally in the early evening and lasted one hour, and could not return to perform at the same spot for a further two hours. As specified by the Busker Code, which also allows buskers to use amplifiers, as long as they cannot be heard and be causing a nuisance beyond 50 meters. The latter it seems being the solely the subjective opinion of Mr. Carter, an opinion which I think is sorely floored and was the start of this farce and the reason my cause has gained such support..
The fact I have won such overwhelming support has naturally distressed the small vocal minority, who were complaining about not just about me but other buskers as well and decide to disseminate slurs and incorrect facts. The letter of G. Dimery-Seek earlier in the year started by quoting me, then complained about flutes, violins, penny whistles! None of which I perform yet am the only one banned and whose income was considerably reduced with the added pressure of a court case to fight against a complete injustice, to find only more injustice! I couldn't describe the victimization of myself any better!
While I have abided by the code, which includes stopping performing at 10pm, I have witnessed several other acts, including regulars, contravene the code of practice, by their amplification/noise levels, time spent performing at the same spot and returning prematurely, some by their conduct. Yet Mr. Carter's subjective opinion has brought no action and the annoyance of residents continues, who use me as their excuse and muse because I've made the matter public, but ignore the facts staring them in the face.
Yet all I am campaigning for is restoration of the right to perform within the terms of the Busker Code to which I had already been obliging! To help add variety and contrast to high pitched but un-amplified penny whistles, violins, violas, saws, clarinets, and saxophone. All largely using amplifiers to provide backing music, with an overall volume no different to my act of guitar and voice.
Just recently I decided to perform acoustically, which meant having to choose a set of louder songs because the quiet ballads I normally perform would simply not be heard. While these performances have been enjoyed, everybody knows it's not what I do best and am being unfairly restricted and not able to perform to the best of my ability. And when an un-amplified saxophone performing in the other Square is drowning me out, pleasant as it was, the injustice on me not to be allowed to use a small amount of amplification shows it's true realization.
So much so that a close friend who was listening took it upon themselves to go and complain about the injustice. A long chat with a different Environmental Health Officer, a colleague of Mr. Carter led to some pretty interesting revelations.
Firstly the conceding that the other Bath buskers had received more complaints then myself but had chosen different remedies. Next he conceded that while they knew of acts that totally exceeded the noise levels, that because they weren't "Regulars" that a blind eye was normally shown. That they don't allow regular buskers to use amplifiers, except with the exception of playing a backing tape, which is where I had fallen foul. He ended that they had certainly visited my website themselves, seen my petitions the TV and Press Coverage, and that the publicity I had created had simply put a noose around my own neck. That for all the support and pleasure I gave the majority of people, their job was to investigate the small number of complaints. That now they had to be seen to be acting by recommending prosecution for my breaking of the Abatement Notice simply by using the amp again, no matter how low it's volume.
Please show me the justice of his words. That a blind eye is shown to acts that exceed the noise level but aren't "regular" buskers. That regular buskers are not allowed to use amplification unless it's for backing tapes.
That, is not what is printed in the Busker Code. That, is the very injustice, discriminating attitude I am fighting against and pleased they stated it so carefully. The very reason I've made as public the whole issue as I am able, is so that people would examine the facts and hopefully show their support. BH Morgan failed to mention that everyone who signed my petition had the option of walking away and not signing.
So while BH Morgan and no doubt a couple of other residents are singing and cheering Mr. Carters actions, in the space of just 2 hours I got 104 signatures, including many residents of the same vicinity of opposite views. Not only wanting the ban to be dropped but Mr. Carter to resign or be alleviated of his duties because quite frankly, they don't agree with his subjective judgement nor his remedy. Backed by a further petition signed by every business in the Square. I think the headline "Busker Wins Support" was not incorrect, I think the facts show BH Morgan couldn't be more wrong. The only thing lacking is a reasonable resolution to the situation.
I am not without thought to the residents of the Square, and I can genuinely see their point of view. As a student I lived in a house under the M1 motorway. When I moved to the Bath area I chose a quiet village, not a City Center whose living heritage is buskers have performed in it's Abbey Squares for centuries., as well as the tourists, traffic and other natural loud noises normally associated with a City center.
For centuries I am sure that some acts even before amplification was invented were considered too loud by some of the center residents. But at least with an amp there is a volume switch. What is being amplified, to what level and the responsibility of the user should be the question, not a paranoia about amplifiers themselves.
Imagine another scenario. Pavarotti rolls into town and for the sheer fun of it decides to try his hand at busking in the square. His wonderfully powerful voice would have drowned me out even with my amp on and I'm sure he too would soon bring people rushing into the Square to hear him. He enjoys it so much he decides to become a regular. But one of the residents hates opera music, is trying to watch the telly and rings complaining to Mr. Carter. What happens next?
I'll end though with a quote. "Having witnessed several of Mr. Walkers performances and the response of those listening and hearing of his ban by the Environmental Health Officer, in my opinion it is the Officer who is damaging the city center environment by his action." That came from a Bath City Councillor who also invited me to perform a concert at Royal Victoria Park. Not everybody shares the views of BH Morgan and G. Dimery-Seek, but there again they also knew the actual facts.
So while I cannot directly canvass Bath's 79,000 population, can I at least encourage as many as possible to visit my website, which has also just been updated, and read the facts for themselves. (geocities.com/broadway/balcony/7857)
Bath is a wonderful place and I treat it as a privilege to perform there. I want to perform to the best of my abilities and currently this isn't happening, which is an injustice to myself and unfair on the many, many people who have enjoyed my act. And while I am seeking fair resolution it appears the Environmental Health Officers prefers the option of prosecution. Which is why so many are questioning his subjective opinion and remedies.
Yours sincerely,
G.P. Walker
Alias "Grod Groddler" The Banned Busker of Bath
The Artiste Formally Known As "Happy Graham"!