Europes largest commercial radio company is preparing for a court battle with the council over its claims performers outside its offices are causing a nuisance.
Global Radio, which counts Heart, Capital, Radio X, Classic FM, Smooth and LBC among its stations, alleges the council has failed to properly enforce busking rules in the area.
The company is using legislation under the Environmental Protection Act, which is usually enforced by councils to prosecute noisy neighbours and fly-tippers, in what is believed to be a first-of-its-kind court action.
A spokesman for Labour-run Westminster council said it does not comment on live legal cases, but confirmed it has pleaded not guilty to the prosecution.
The bosses at Global Radio have launched landmark legal action against Westminster Council because they are angry about noisy buskers outside their Leicester Square HQ. Pictured: Two buskers playing outside the offices
Global Radios HQ in Leicester Square (pictured right) is located in the corner of the square next door to TGI Fridays and opposite the TKTS booth. The office is between the two busker pitch sites
Pictured: A busker performing at the other end of Leicester Square in June 2019
A three-day trial is set to take place early next year at City of London Magistrates Court, according to The Evening Standard.
The row over busking comes after stricter rules were suggested for them in the West End following a rise in reported problems.
Between April 2021 and May 2023, Westminster Council received 5,070 complaints, with about half being noise related, according to an internal review.
Leicester Square was singled out as a complaints hotspot in the report.
Since new rules were implemented in April 2021 buskers have needed a licence to perform in one of the designated 26 pitches across Westminster.
The rules state street entertainment should only take place between 10am and 9pm and amplified entertainment beyond 9pm and before 8am is an offence.
To avoid causing a nuisance, the rules state buskers should have a full and varied repertoire that avoids repeating sounds, and performances should not be longer than 40 minutes, with a 20 minute break between buskers.
But it is believed a minority of performers are flouting the rules.
Other rules for buskers include holding public liability insurance of at least £2 million, not causing an obstruction, co-operating with authorised officers, and only selling merchandise if they have permission.
A Westminster council licencing officer said in a statement: The council is being prosecuted under the Environmental Protection Act 1990 by Global Radio who claim that the council is failing to take action to abate an alleged statutory nuisance.
The council introduced a busking scheme in April 2021 to cover certain areas in the borough, which included the West End.
This scheme allows licensed buskers and street entertainers to busk at a pitch in Leicester Square. Amplified instruments can be used. It has transpired that a number of unlicensed buskers also busk at this pitch without permission.
The world-famous Leicester Square has been a popular busking location for many years
People are seen dancing to a busker in Leicester Square on September 12, 2020, just before groups of more than six were banned from meeting under coronavirus restrictions
Global Radios HQ in Leicester Square (pictured right) is located in the corner of the square opposite the TKTS booth (pictured left)
Global Radio have offices near this pitch, and they claim buskers are causing a statutory nuisance when they perform, and they want the council to take action to stop the alleged statutory nuisance caused.
MailOnline has contacted Global Radio for comment.
A similar row over busking in Covent Garden broke out in December last year, with performers fearing proposed restrictions could put them out of business and end the 400-year-old tradition.
Westminster Council announced it was running a consultation over plans to ban blaring music in the popular central London shopping district, bring police in to tackle illegal busking and hike prices for licensing.
Locals living in tourist hubs had complained to the council that buskers were not staying in their designated areas, accused performers of creating more noise pollution and obstructing pavements.
The licensing system to regulate buskers was first put in place in 2021 but 100 members of the Covent Garden Street Performers Association (CGSPA) have been boycotting it.
Pete Kolofsky (pictured) juggles knives and has a stunt called The Sandwich of Death where he lies between two beds of nails and gets a member of the audience to stand on top
Juggling street performers put on a show for crowds in Covent Garden on December 4, 2023
In April 2021 the Council clamped down on the public performances in in Covent Garden (pictured) as it claimed it was its duty to ensure the health, safety, and welfare of the performers and the public
Street performing had been renowned in Covent Garden since 1662 when Samuel Pepys wrote in his diary about a marionette show featuring a puppet call Punch, who would later become one half of the fighting duo Punch and Judy
Performers have entertained visitors to Londons shopping district for hundreds of years
The group have argued that the guidelines - which can reduce performers space to just five metres, ban any sound amplification in some areas and disallow the use of dangerous props - could put an end to performances, beloved by tourists.
Speaking last year, Pete Kolofsky, the groups elected representative, said Covent Garden was a quintessentially British cultural institution that was renowned as the most famous street performance venue around the world.
He said celebrities who had once performed in the square included Eddie Izzard, Dynamo and even future James Bond Pierce Brosnan, who apparently once worked as a fire eater.
It was reported police could also get involved to help tackle illegal busking in the city, after council workers were said to have faced backlash from some of those performing illegally, with some buskers riling up the crowds turning them against officers.
Street performing in the renowned shopping hub is part of a tradition going back hundreds of years to 1662 when Samuel Pepys wrote in his diary about a marionette show featuring a puppet call Punch, who would later become one half of the fighting duo Punch and Judy.
The council, previously insisted it has no plans to ban busking in the borough, said in a report that previous enforcement efforts were met with fierce resistance.