Events and Closures
From GPG
Contents |
Closure of public rights of way for outdoor events
Over the last few years there has been an increase in outdoor public events such as festivals, concerts, firework displays, street parties etc. Some of these require the closure of highways for the event to take place. Officers involved in this type of closure are encouraged to take a positive approach to this work and regard it as part of their role.
It is important that any closure is made using the appropriate legislation, administered correctly. Closures of public rights of way made in the correct way provide the police and stewards with a clear remit for controlling public access, and should counter any sense of concern that the closure is in the interest of the event organiser. Failure to ensure a proper closure may lead to high profile complaints from members of the public, or possible public order offences during the event if people forcefully pursue a claim to enter a site using a public right of way.
The Commission for Local Administration in England in their guidance on good administrative practice has two axioms relating to the law:
- Understand what the law requires the council to do and fulfil those requirements.
- Ensure that all staff working in any particular area of activity understand and fulfil the legal requirements relevant to that area of activity.
Although the legal department may undertake the majority of work involved in any closure process, advice from the Rights of Way Officer as to which legislation may be the most appropriate may be required.
The Council Requirements below were supplied by Essex County Council in 2009.
Council Requirements
Street Parties and Processions etc
- Town Police Clauses Act 1847
- Public Health Act Amendment Act 1890
The Act of 1847 empowers a local authority on any occasion involving public processions, rejoicing and illuminations and in any case when streets are thronged or liable to be obstructed to make an Order to temporarily close streets and divert traffic.
The most common use of the power is to accommodate the holding of street parties celebrating special events e.g. the Millennium. The organisers of any such events are required to apply to the local council for a street closure, upon receipt of which the Council will consult relevant agencies such as the Police, Fire and Ambulance Services, before agreeing to make an order.
Should the event involve the erection of a demountable structure (i.e. seating or staging) the Act of 1890 will apply and requires that such a structure shall be safely constructed or secured to the satisfaction of the Building Control department of the Council.
Bonfires and Firework Displays
- Town Police Clauses Act 1847
- Public Health Acts
- Health and Safety at Work etc. Act 1974
- Safety at Sports Ground Act 1975
It is an offence under Sec. 28 of the Town Police Clauses Act 1847 to light a bonfire in any street. Where there is evidence that a bonfire or fireworks display is to be organised on Council land for attendance by the public, the Council's Corporate Safety Unit should be contacted by the organisation with a view to obtaining advice on safety aspects. Event organisers may need a licence from the Council and the provision of adequate public liability insurance.
Where a bonfire or fireworks display is proposed at a designated sports ground i.e. one covered by a general safety certificate, the ground owner (Safety Certificate Holder) must apply to the enforcing authority for a special safety certificate, (usually at least 3 months prior to the event).
Private land owners intending to organise or permit an event involving a bonfire or fireworks display are recommended to seek advice from the Council on relevant safety issues.
Events on Council Land or on Council Premises
- Health and Safety at Work etc. Act 1974
- Local Government ( Miscellaneous Provisions ) Act 1976
- Education Reform Act 1988
Local Authorities allowing their property to be used must be satisfied that the safety of the public has been taken into consideration. The Licensing Unit of the Council co-ordinate all applications for events requiring licences or permits and consult with other departments and external agencies before approving such events subject to specific conditions.
Where it is proposed to use educational land organisers must contact the appropriate school. Should it be proposed to hold the event in school premises, contact must be made with the school and the Licensing Unit at the Council.
The Council have to be satisfied that organisers of events using their land and premises will provide and indemnity against all costs, claims etc. arising out of the activity, and provide adequate public liability insurance cover.
Events in Pedestrian Precincts
- Town Police Clauses Act 1847
- Highways Act 1980
- Road Traffic Regulations Act 1984
- Town and Country Planning Act 1990
Any pedestrian area remains a public highway and as such is subject to the laws of obstruction. Restricted vehicular use can be provided for in certain circumstances and a local highway authority can grant special authorisation where it deems necessary. Such events would be the subject of wide consultation having regard to the siting of the event and public safety. Conditions may be applied to events to minimise interference with public use of a precinct and to avoid hazards.
Events in Premises which are Open to the Public
- Local Government ( Miscellaneous Provisions ) Act 1982
Entertainments which are open to the general public ( irrespective of whether an entrance fee is paid or not ) may be subject to the requirements of the premises holding a relevant 'entertainment' licence. Premises may include public houses, night-clubs, schools, community halls, marquees, barns, etc.
Emergency Closures
There is legislation to enable the entire Rights of Way network to be closed should need arise. This is contained within animal health legislation and is usually administered through Environmental Health/Trading standards department delegated powers. These were used during the 2001 Foot & Mouth Disease outbreak.
Temporary and emergency closure for other situations is also possible.
