Who Has the Right to Perform in Public?
Busking, Cultural Participation and Policy in Melbourne
Street musicians are a familiar part of everyday life in Melbourne. People can often see musical performances, singing and other forms of entertainment on the streets, at train stations, and in public squares. The performances bring joy to the public, colour the city’s cultural atmosphere, and shape the way people experience public spaces. However, busking is not entirely a free cultural activity. According to Melbourne City Council regulations, street performers are required to hold a permit and comply with restrictions regarding performance locations, duration and sound levels. While these rules appear to be part of urban management, they also influence who can engage in public cultural expression, where performances can take place, and which cultural forms are more accessible to the public. Therefore, street performance is not only an entertainment or artistic activity but also a cultural policy issue.
The City of Melbourne regulates busking through a permit system that requires administrative approval for street performances in public spaces. Its objectives include maintaining public order, reducing noise pollution, and balancing the needs of different groups regarding the use of public spaces. However, the permit system also suggests that participation in public culture is conditional rather than fully open or unrestricted — restrictions on performance locations and duration influence where and when cultural expression can appear within the city. Some performances are only allowed in specific areas of the city and are subject to stricter controls. In addition, sound regulations may affect different forms of performance unevenly. For example, musicians who use amplifiers or play loud instruments are more likely to face complaints or stricter regulations than performers who play at lower volumes. Some popular busking locations also require auditions or additional permits, which means access to valuable public cultural spaces is not only about the right to participate, but also about judgments concerning “what kinds of culture are considered more valuable or appropriate.” As Quilter and McNamara (2016) suggest, busking regulation is not only about noise or public order, but also about controlling how public space is used. Therefore, the policies influence which performances are more popular and visible in public spaces, while others may be marginalised.
Busking regulations are not simply mechanisms for managing public order, but also forms of cultural policy that shape how culture is expressed and experienced in everyday urban life. Article 27 of the Universal Declaration of Human Rights states that everyone has the right to participate in cultural life. Busking is not only an entertainment, but also a way for people to participate in cultural life in public spaces, allowing performers to interact with passersby, and audiences encounter music and performances as part of their everyday urban life. Although people have the right to participate in cultural life, opportunities to perform and participate in public cultural activities remain restricted by licensing requirements, regulations and administrative controls.
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Culture is part of a “way of life”. The experiences do not only take place in theatres, galleries or formal institutions. They are also embedded in ordinary interactions within public space. If culture is present in everyday life and public spaces, the regulation of street performances also effectively governs everyday cultural expression. Therefore, cultural policy is more than supporting artistic expression, it also shapes how everyday culture becomes part of public life.
The case of Melbourne’s busking policy reflects that everyday public culture is often influenced by regulation and institutional control. On the one hand, cities often celebrate street performances as a sign of creativity and urban vitality; on the other hand, the performances are continually managed and restricted through rules, permits and administrative control. Therefore, the question truly worthy of our consideration is not whether street performances should be regulated, but how much public space can remain open to self-directed cultural participation as more aspects of everyday culture come under forms of regulation and institutional control.
Reference
City of Melbourne (2024) Busking and street entertainment. Available at: https://www.melbourne.vic.gov.au/busking-and-street-entertainment (Accessed: 10 May 2026).
Quilter, J. and McNamara, L. (2016) ‘Long may the buskers carry on busking: Street music and the law in Melbourne and Sydney’, Melbourne University Law Review, 39, pp. 539–591.
United Nations (1948) Universal Declaration of Human Rights. Available at: https://www.un.org/en/about-us/universal-declaration-of-human-rights (Accessed: 10 May 2026).
Williams, R. (1983) Keywords: A Vocabulary of Culture and Society. Revised edition. London: Fontana Press.
