Commercial activities, photography & busking

Council allows busking in 2 categories:

• Category A – low risk activities such as playing a musical instrument, dancing, singing, puppetry, miming or other acts of a similar nature.
• Category B – higher risk acts that use dangerous materials or instruments eg balance, juggling or circle acts; pavement art performances; and those using percussion or noisy instruments.  Buskers performing Category B activities must show that they are aware of the risks associated with their performance and have taken steps to protect themselves, their audience, other people and public property. They must have their own Public Liability Insurance for $20 million.

The following examples are not considered busking and are not allowed.

• Begging;
• Advertising or promotion of goods;
• Salespersons of any kind soliciting money for any purpose;
• Fundraising for events, even if they include a performance element;
• Touting or spruiking;
• Political rallying;
• Religious spruiking;
• Face or body painting;
• Tarot card reading, palmistry and fortune telling;
• Massage, chiropractic treatment or any other physical manipulation;
• Artists displaying pre-fabricated artworks or goods or displaying pre-fabricated displays.

Buskers need a permit to busk.  There are two kinds of busking permits, and both permits are free.

Council does not issue group permits; each member of a group must submit an individual application form.

We can issue an on-the-spot fines of $630 for busking without a permit or breaching busking permit conditions. We can also cancel an existing busking permit and/or refuse to renew a busking permit.

Initial Permit

An Initial Permit is for four weeks (unless otherwise stated) and will be issued if the busker has not had a permit before.

Buskers performing Category A activities can apply for an Initial Permit. You are required to audition for an Initial Permit to show that you have a performance-ready repertoire.

Buskers performing Category B (higher-risk) activities are not eligible for an Initial Permit and must apply for a Standard Permit.

Standard Permit

After 4 weeks, Category A buskers can apply for a Standard Permit which lasts for 12 months.

Buskers performing Category B (higher-risk) activities must apply for a Standard Permit. They must show they understand the risks associated with their performance and have taken steps to protect themselves, their audience, other people and public property. Category B buskers must have their own Public Liability Insurance for $20 million.

Fill in a Busking Permit Application Form ( DOC, 0.21 MB ) and book an appointment with our Esplanade Office during business hours on 07 4044 3715 to submit your form and audition.  Please note that our Esplanade office is not open for walk-ins.

You must submit a proof of identity document with your Busking Permit application form.  Identification must include your name, a recent photograph and your residential address. If your documents are not in English (eg overseas driver’s licence), you must also bring a full English translation of the document.

If you are under 16, you will require signed consent from a parent or guardian.

Audition

Buskers applying for an Initial Permit must audition before a permit can be issued. You must have a performance-ready repertoire sufficient for a 50-minute set, without undue repetition.

Auditions are a way for Council to ensure a high standard of street performance and ensure that busking equipment, props and materials are safe and appropriate.

You will be given a date and time for your audition when you submit your permit application.

Council manages busking that occurs in public spaces or places such as the Cairns CBD, parks or markets.

A busking permit allows you to busk at any of the CBD locations on the map. Please note there are a limited number of locations where noisy or dangerous acts are allowed.

If you wish to busk in an area not on the map, or outside the CBD, please specify the location on your busking application.

Note: Council does not manage busking on private property such as shopping centres or restaurants. If you wish to busk at a shopping centre, you will need to get permission from Centre Management.

Busking is permitted between 8am and 11.50pm, 7 days a week.

Performances are for 50 minutes, starting on the hour. Buskers have 10 minutes to set up and 10 minutes to set down.

Buskers can only busk once at any location but can busk at multiple locations on any one day.

To renew your permit, please book an appointment with our Esplanade office during business hours on 07 4044 3715.  Please note that our Esplanade office is not open for walk-ins.

You do not need to complete a new application form, but you will be asked to confirm via signature that your previous details remain true and correct. You will also need to produce the required identification - including your name, a recent photograph and your residential address - before we will renew your permit.

You will not need to audition again unless your performance changes.  For example, if you have a Standard Permit for singing with a backing tape but want to change your performance to include drums, you will need to audition.

Public Liability Insurance is designed for professionals who interact with customers or members of the public. It protects against claims of personal injury or property damage that a third party suffers (or claims to have suffered) as a result of your business activities.

Category B busking performers (those involving dangerous materials or implements*) must obtain their own Public Liability Insurance of $20 million.  You will need to provide a copy of your Public Liability Insurance Certificate with your permit application.

If your performance does not include the use dangerous materials or instruments, you do not need to obtain individual Public Liability Insurance.

* Dangerous materials include flammable materials and chemicals, fire, fireworks, smoke, flairs, heated elements or anything giving off a level of heat or toxicity that poses a threat of harm or damage to members of the public and public property. Dangerous implements includes knives, spears, swords, spikes and sharp implements of any kind that pose a threat of harm to the general public.

If you are under 16, you will require signed consent from a parent or guardian when you submit your permit application.

When performing, buskers aged 16 years and under must be supervised by a parent or guardian at all times.

You can report a problem busker online. Please provide as much detail as possible about the busker and their behaviour so Council can take appropriate action. If the situation is an emergency, for instance a busker poses and immediate threat to you, your business or members of the public, phone 1300 69 22 47.

Council can cancel a busker's busking permit if they do not follow the permit conditions or behave in a way that makes other buskers, members of the public, businesses or residents afraid or uncomfortable. This includes bullying other buskers; swearing or using vulgar language; inappropriate behaviour or sexual innuendo; nudity or revealing clothing; and any physical or verbal abuse or harassment.

To apply for a permit to carry out the above commercial activities on Council land, you must do the following:

• Complete and submit the relevant application form. Forms are available as downloadable PDFs or online forms. See the list of commercial activity forms below.
• Provide the required supporting documentation, which typically includes the following:
  • Certificate of currency for Public Liability Insurance which must be held in the name of the applicant, be for no less than $20 million and must note the Cairns Regional Council as an interested party;
  • Site plan of the area you are applying to use. (See the general information below about what this should include).
  • A copy of any other approval relating to the use of the Council land or road, eg food licence or a park booking.
  • Other supporting documents as outlined on the relevant application form which will vary depending on the activity you are applying for.
• Pay the application fee and other applicable fees in accordance with the  instructions received by Council.

Council may contact you for further information about your application; you must provide this within the specified timeframe. If your application is approved, you will receive a permit and, if applicable, instructions to pay other fees such as rental fees. Your permit is not valid until all relevant fees are paid.

A site plan is required to be submitted for most permit applications; the requirements will vary depending on the activity being applied for. A site plan must include the following:

• overall boundary of the area including measurements
• outline of any adjoining buildings
• location of all furniture, structures, vehicles, advertising devices and other items intended to be placed within the area
• proposed entry and exit points to the area for any vehicle, vessel or aircraft
• proposed take-off or landing area within the area (for applications relating to aircrafts)
• location of any permanent infrastructure within the Council area or road or immediately adjoining it, including but not limited to trees, fire hydrants, parking meters, transformers, telephone booths, mailboxes, bus shelters, rubbish bins, pillars and posts (awning or building supports) and any other permanent items.

View a generalised example site plan ( PDF, 1.16 MB ).

Application fee

An application fee is payable when you lodge your permit application form. The application fee will vary depending on the activity being applied for.

Rental fees

Some permit types have rental fees applicable dependent on the type of permit and the location of the area being applied for. If applicable, rental fees are calculated annually.

Renewal fee

If you wish to renew a permit once the term of the permit is nearing the expiry date, a renewal fee is payable when you make an application to renew the permit.

When a permit is nearing the expiry date, the permit holder is required to apply to renew the permit if they intend to continue use of the area for that purpose. Where applicable, Council will issue renewal request forms to existing permit holders.

If you intend to renew your permit, you must:

• Return the fully completed renewal request form
• Return a copy of a current certificate of currency for Public Liability Insurance for a minimum value of $20 million noting Cairns Regional Council as an interested party
• Pay the renewal fee in accordance with any instructions provided
• Pay any rental fees in accordance with any instructions provided.

If you fail to complete the above steps to renew your permit within the timeframes, you are not permitted to continue to use the Council area or road. Fines may apply if you continue using the Council area or road without a valid permit in place.

Please be advised that some permit types are not able to be transferred. If you sell your business during the term of a permit, the new owner will be required to apply for a new permit.