Under proposed new laws, flame throwing, sword swallowing and even drumming could vanish from the streets of Dublin.
It comes after Dublin City Council proposed new bye-laws to reduce noise and control street performances. According to the Council, the new laws are being introduced after a voluntary code of conduct introduced last July was not adhered to. The new proposals will be discussed tomorrow.
Under the proposed laws, the rules are as follows:
- Artists cannot use flames or objects such as knives, swords or axes
- Performances must take place within 10 feet of the outer edge of a building
- Musicians cannot use amps that are more than 15 watts
- Drums are prohibited
- No street performances allowed between 11pm and 11am, with the exception of Temple Bar and Grafton St where performances can continue until 3am on Fridays and Saturdays
- Punishments include a fine of €75 which can rise to €1,500 if not paid on time
But is this new law health and safety gone too far?
Street performer Brian O'Connell believes so. A juggler who uses both flame and knives in his shows, O'Connell who also goes by the name of Tremendous Trevor says that the proposed bye-laws would not be a bad thing if they were used to "develop the arts safely and improve quality."
The use of flame is an integral part of many artists shows including his own, as a theatrical instrument that helps draw attention.
"I'm the one at risk and I'm not a suicide case. I love juggling to entertain but also not to put anyone at risk. Of course there is a risk when fire is involved but I and many performers have public liability insurance and I am trained in the use of fire. An outright ban is short-sighted," explains O'Connell.
"If the new bye-laws come in, I'd have to stop doing my shows. Other travelling and local performers would either have to stop or change their shows. The law does seems not to be based on fact, but on fear."
Brian O'Connell giving a talk at the Science Gallery in 2010
A voluntary code for street performers was trialled last summer after a meeting which brought performers and businesses together. But it ultimately failed to be effective. According to O'Connell, a lack of consultation was a factor.
Fine Gael City Councillor Gerry Breen who helped bring in that voluntary code says it did not work because it was ignored by performers. He feels the new regulations are the right way to go.
"We want to encourage busking because it adds a huge amount to Dublin. But we want to put in more structure because city council management has received complaints. In some cases buskers may have a backing track but then they may only be using a tin whistle which only makes up 5 per cent of the sound," says Breen.
"There are issues around excessive noise and in some cases there are less than talented individuals busking which is not appreciated by the public. There are also workers in the buildings, working up to eight hours a day who have to put up with the noise and that is unfair."
In the case of flames and theatrical instruments such as knives and flames, Breen believes the City Council are not going too far.
"It's going too far until an accident happens. As a City Council we have a responsibility to the public. We are an authority," he says.
After tomorrow's meeting, the bye-laws will go before consulation, followed by a committee meeting, with performers allowed to give their input.
