Busker counts cost of appearance on the Tube

The normally staid surrounds of the High Court in London were enlivened by the sound of music yesterday in a challenge to the ban on busking at London's underground stations.

A motley band gathered in the Strand to back fellow musician Franco de Cristofaro, a 48-year-old Italian saxophonist, drummer and member of the Magic Circle. Funded by the London Public Entertainers' Collective, de Cristofaro was asking for a conviction at Bow Street magistrates court for breaching London Transport (LT) by-laws to be overturned.

Mr Justice Newman, sitting with Lord Justice Pill, dismissed the appeal, but despite the defeat de Cristofaro and his supporters were heartened when LT announced it was examining the by-laws which prohibit the playing of musical instruments, gramophones and wireless apparatus on the tube network.

The High Court heard how de Cristofaro was found playing the drums with a four-piece band at Piccadilly Circus station in March last year. Tim Clerk, for the musician, said an offence was caused if the general public were annoyed, but there was no evidence of this. A separate by-law prohibited begging or "soliciting for reward", but de Cristofaro had not asked for any money, although two people were spotted dropping coins in his open drum case and a colleague had been shaking a tin, in the manner of a maraca.

The band was simply playing music and "if people are pleased enough with it, people give money", Mr Clerk said. But Peter Ader, for British Transport Police, said an explicit request did not have to be made for soliciting to take place.

Afterwards, de Cristofaro, of Camden, north-west London, said: "I'm very sad because we are genuine buskers. We never harass people for money. We play our music, we are good entertainers." He would return to busking to pay the pounds 2,000 or more he still owed in fines.

Two other buskers, Mike Kay and Jeremy Helm, will argue at the European Court of Justice in Strasbourg that the LT ban on busking is a breach of the human right to artistic expression.

PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebooksAn unforgettable anthology of contemporary reportage
Arts and Entertainment
tv
News
Katie Hopkins appearing on 'This Morning' after she purposefully put on 4 stone.
peopleKatie Hopkins breaks down in tears over weight gain challenge
Life and Style
fashionModel of the moment shoots for first time with catwalk veteran
Life and Style
fashionAngelina Jolie's wedding dressed revealed
News
i100
Sport
Alexis Sanchez, Radamel Falcao, Diego Costa and Mario Balotelli
footballRadamel Falcao and Diego Costa head record £835m influx
News
i100
Arts and Entertainment
Madame Vastra and Jenny Flint kiss in Doctor Who episode 'Deep Breath'
tv
Arts and Entertainment
Olivia Colman topped the list of the 30 most influential females in broadcasting
tv
Life and Style
techIf those brochure kitchens look a little too perfect to be true, well, that’s probably because they are
Arts and Entertainment
Danish director Lars von Trier
tvEnglish-language series with 'huge' international cast set for 2016
Life and Style
tech
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

DT teachers required for supply roles in Cambridge

£21000 - £35000 per annum: Randstad Education Cambridge: DT teachers required ...

Secondary supply teachers required in Wisbech

£21000 - £35000 per annum: Randstad Education Cambridge: Secondary teachers ne...

PPA Cover Teachers Required in Doncaster

Negotiable: Randstad Education Sheffield: Primary PPA Teachers required for wo...

Maths teachers needed for supply work in Ipswich

£21000 - £35000 per annum: Randstad Education Cambridge: Maths teachers requir...

Day In a Page

'I’ll tell you what I would not serve - lamb and potatoes': US ambassador hits out at stodgy British food served at diplomatic dinners

'I’ll tell you what I would not serve - lamb and potatoes'

US ambassador hits out at stodgy British food
Radio Times female powerlist: A 'revolution' in TV gender roles

A 'revolution' in TV gender roles

Inside the Radio Times female powerlist
Endgame: James Frey's literary treasure hunt

James Frey's literary treasure hunt

Riddling trilogy could net you $3m
Fitbit: Because the tingle feels so good

Fitbit: Because the tingle feels so good

What David Sedaris learnt about the world from his fitness tracker
Saudis risk new Muslim division with proposal to move Mohamed’s tomb

Saudis risk new Muslim division with proposal to move Mohamed’s tomb

Second-holiest site in Islam attracts millions of pilgrims each year
Alexander Fury: The designer names to look for at fashion week this season

The big names to look for this fashion week

This week, designers begin to show their spring 2015 collections in New York
Will Self: 'I like Orwell's writing as much as the next talented mediocrity'

'I like Orwell's writing as much as the next talented mediocrity'

Will Self takes aim at Orwell's rules for writing plain English
Meet Afghanistan's middle-class paint-ballers

Meet Afghanistan's middle-class paint-ballers

Toy guns proving a popular diversion in a country flooded with the real thing
Al Pacino wows Venice

Al Pacino wows Venice

Ham among the brilliance as actor premieres two films at festival
Neil Lawson Baker interview: ‘I’ve gained so much from art. It’s only right to give something back’.

Neil Lawson Baker interview

‘I’ve gained so much from art. It’s only right to give something back’.
The other Mugabe who is lining up for the Zimbabwean presidency

The other Mugabe who is lining up for the Zimbabwean presidency

Wife of President Robert Mugabe appears to have her sights set on succeeding her husband
The model of a gadget launch: Cultivate an atmosphere of mystery and excitement to sell stuff people didn't realise they needed

The model for a gadget launch

Cultivate an atmosphere of mystery and excitement to sell stuff people didn't realise they needed
Alice Roberts: She's done pretty well, for a boffin without a beard

She's done pretty well, for a boffin without a beard

Alice Roberts talks about her new book on evolution - and why her early TV work drew flak from (mostly male) colleagues
Get well soon, Joan Rivers - an inspiration, whether she likes it or not

Get well soon, Joan Rivers

She is awful. But she's also wonderful, not in spite of but because of the fact she's forever saying appalling things, argues Ellen E Jones
Doctor Who Into the Dalek review: A classic sci-fi adventure with all the spectacle of a blockbuster

A fresh take on an old foe

Doctor Who Into the Dalek more than compensated for last week's nonsensical offering