Public amenities

[BensGrandad]

I would be grateful if somebody could advise me as to under which legislation or by laws a private individual may close a public road or park to promote a private event to which the general public have to pay to enter without the profits going to a charity.

 

[Seagull over Canaryland]

It is my understanding that an application for a closure of a public road can be made to the local authority and Police. Other agencies may be consulted and if agreed notice of this is then publicised in the local paper etc. Even if agreed the authorities will place time limits on the duration of the closure and access may still be required by the emergency services at any time, especially if there is a specific need. Don't think the same applies to private or unadopted roads.

 

[BensGrandad]

Can any Tom Dick or Harry ask to have a road closed and put on a private event.

 

[Wardy]

The laws to close roads for parties etc were relaxed in the lead up to the jubilee. You used to have to fill in a number of forms for different organisations like the police and the local council. My understanding now is that depending on the size and the reason for the closer, the local authority can agree it without the need to consult the police etc.

 

[BensGrandad]

How does somebody just close a public park or road and put on a music festival or show and reap the rewards of promoting this. Surely there must be some legislation that prevents this being legal and has to be overcome. Nothing whatsoever to do with Jubilee or any charity just purely for personal gain.

 

[Lord Bracknell]

I would be grateful if somebody could advise me as to under which legislation or by laws a private individual may close a public road or park to promote a private event to which the general public have to pay to enter without the profits going to a charity.

Can any Tom Dick or Harry ask to have a road closed and put on a private event.

The relevant statute for events involving processions, rejoicing, illuminations or ‘thronging’ (such as carnivals, Remembrance Day events, etc) is the Town Police Clauses Act 1847. For sporting / leisure events on the highway (for example cycle races, triathlons, running races), it's the Road Traffic Regulation Act 1984.

Here's a helpful guide, produced by Hampshire County Council - but the same principles will apply elsewhere in England:-

Appendix Two - The law governing road closures

 

[Seagull over Canaryland]

Did they have permission or just bluff it? Normally a copy of the road closure order is posted in the local paper and somewhere prominent on site.

 

[Wardy]

How does somebody just close a public park or road and put on a music festival or show and reap the rewards of promoting this. Surely there must be some legislation that prevents this being legal and has to be overcome. Nothing whatsoever to do with Jubilee or any charity just purely for personal gain.

Like Lord B says that is different and you will need to go through a lot more steps including Health and Safety etc. You could also be liable for Business Rates.

 

[BensGrandad]

How does somebody just close a public park or road and put on a music festival or show and reap the rewards of promoting this. Surely there must be some legislation that prevents this being legal and has to be overcome. Nothing whatsoever to do with Jubilee or any charity just purely for personal gain.

What about if I wanted to put on a concert featuring an old pop group like The Drifters.

 

[Lord Bracknell]

What about if I wanted to put on a concert featuring an old pop group like The Drifters.

You'd have to comply with the following duties:-

general duties to determine and analyse all foreseeable safety risks associated with the event and take appropriate action to minimise the risks.
general duties to plan and manage an event in such a way as to minimise disruption as much as reasonably practical.
duties to obtain all relevant permission / licences and authorities required to lawfully hold the event.

And you'd have to have the approval of the District Council (if it's a Town Police Clauses Act road closure), or the County Council if the Road Traffic Regulation Act applies.

It must be noted that, with the exception of the police powers to authorise bicycle races and time trials, no organisation has the power to approve or authorise an event on a highway. The only powers relating to approval or authorisation relate to road closures and, in certain cases, the use of portable traffic signals.

It is the event promoter’s responsibility to ensure the event is safe and causes minimal disruption. The event promoter may be liable to prosecution in the event of an incident resulting from his event. The advice and guidance provided by the police, district council and traffic authority is aimed at minimising the risk of an incident occurring.

 

[BensGrandad]

I can fully understand that I would have to meet all those conditions if staging this event on at a venue that is on private land but cannot understand how I should be permitted to do this on a public road or park to which the general public normally have access and then for me to charge for admission to that public road. To me this seems wrong and I am sure must or should be contravening a by law at the least.

 

[ATFC Seagull]

So basically theres some sort of local event on, they've closed a road which for some reason has upset you, and you want to try and get them in trouble?

 

[Lord Bracknell]

To comply with the provisions of the Town Police Clause Act, you also need to be aware of the risks presented by cattle straying.

These two Sections of the Act are still the law:-

24 Power to impound stray cattle..

If any cattle be at any time found at large in any street within the limits of the special Act, without any person having the charge thereof, any constable or officer of police, or any person residing within the limits of the special Act, may seize and impound such cattle in any common pound within the said limits, or in such other place as the commissioners appoint for that purpose, and may detain the same therein until the owner thereof pay to the commissioners a penalty not exceeding forty shillings, besides the reasonable expences of impounding and keeping such cattle.

25 Power to sell stray cattle for penalty and expences..

If the said penalty and expences be not paid within three days after such impounding, the pound-keeper, or other person appointed by the commissioners for that purpose, may proceed to sell or cause to be sold any such cattle; but previous to such sale seven days notice thereof shall be given to or left at the dwelling house or place of abode of the owner of such cattle, if he be known, or if not, then notice of such intended sale shall be given by advertisement, to be inserted seven days before such sale in some newspaper published or circulated within the limits of the special Act; and the money arising from such sale, after deducting the said sums, and the expences aforesaid, and all other expences attending the impounding, advertising, keeping, and sale of any such cattle so impounded, shall be paid to the commissioners, and shall be by them paid, on demand, to the owner of the cattle so sold.

 

[ifuhatepalacestandup]

for christ sake why dont you just tell us the problem then we might be able to help

 

[BensGrandad]

So basically theres some sort of local event on, they've closed a road which for some reason has upset you, and you want to try and get them in trouble?

Not exactly but on similar lines. I cannot understand how Tim French is permitted to continually close The Broadway every Bank Holiday and charge people to walk down the road as he has promoted a music festival. I never attend any of those but I do attend the concerts that he puts on in Victoria Park when he stages , under the banner of Its Magic, like last year Katherine Jenkins and this year Lesley Garrett, although it was cancelled due to the weather. I have no wish to stop it but am curious to find out how he is permitted to do this when I see that tickets are available from various sources including Orange Sq and Savanahs and I believe that the owners of these 2 establishments may be possibly using their council position and connections to an unfair advantage.

 

[amexee]

Not exactly but on similar lines. I cannot understand how Tim French is permitted to continually close The Broadway every Bank Holiday and charge people to walk down the road as he has promoted a music festival. I never attend any of those but I do attend the concerts that he puts on in Victoria Park when he stages , under the banner of Its Magic, like last year Katherine Jenkins and this year Lesley Garrett, although it was cancelled due to the weather. I have no wish to stop it but am curious to find out how he is permitted to do this when I see that tickets are available from various sources including Orange Sq and Savanahs and I believe that the owners of these 2 establishments are using their council position and connections to an unfair advantage.

As soon as I started reading this thread, I thought of French and Wall.
Seems it is ok to also advertise on all the bins and railings in town as well if you are either a leader or ex leader of either of the two councils in town. I have no doubt though that they have well covered their arses.

I think the its magic outfit may run as at a charity, albeit one that buys its services off his company!

 

[BensGrandad]

I am sure that there must be a bye law covering such events and if Its Magic is a charity is one allowed to ask who benefits from this charity.

 

[pasty]

and I believe that the owners of these 2 establishments are using their council position and connections to an unfair advantage.

Sounds slightly libelous to me....

 

[cloud]

Can any Tom Dick or Harry ask to have a road closed and put on a private event.

Yes - I have done it myself on many occasions. Need to get permission from the council and police and have all the necessary insurance and other hoops taken care of.

But whereas in the past the council just let it go ahead, now they have started charging for this, that and the other, so it's probably becoming a nice little earner for them.

 

[BensGrandad]

Sounds slightly libelous to me....

suitably amended I think