Part VPublic Order: Collective Trespass or Nuisance on Land

Powers in relation to raves

63Powers to remove persons attending or preparing for a rave

(1)

This section applies to a gathering on land in the open air of 100 or more persons (whether or not trespassers) at which amplified music is played during the night (with or without intermissions) and is such as, by reason of its loudness and duration and the time at which it is played, is likely to cause serious distress to the inhabitants of the locality; and for this purpose—

(a)

such a gathering continues during intermissions in the music and, where the gathering extends over several days, throughout the period during which amplified music is played at night (with or without intermissions); and

(b)

“music” includes sounds wholly or predominantly characterised by the emission of a succession of repetitive beats.

(2)

If, as respects any land in the open air, a police officer of at least the rank of superintendent reasonably believes that—

(a)

two or more persons are making preparations for the holding there of a gathering to which this section applies,

(b)

ten or more persons are waiting for such a gathering to begin there, or

(c)

ten or more persons are attending such a gathering which is in progress,

he may give a direction that those persons and any other persons who come to prepare or wait for or to attend the gathering are to leave the land and remove any vehicles or other property which they have with them on the land.

(3)

A direction under subsection (2) above, if not communicated to the persons referred to in subsection (2) by the police officer giving the direction, may be communicated to them by any constable at the scene.

(4)

Persons shall be treated as having had a direction under subsection (2) above communicated to them if reasonable steps have been taken to bring it to their attention.

(5)

A direction under subsection (2) above does not apply to an exempt person.

(6)

If a person knowing that a direction has been given which applies to him—

(a)

fails to leave the land as soon as reasonably practicable, or

(b)

having left again enters the land within the period of 7 days beginning with the day on which the direction was given,

he commits an offence and is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.

(7)

In proceedings for an offence under this section it is a defence for the accused to show that he had a reasonable excuse for failing to leave the land as soon as reasonably practicable or, as the case may be, for again entering the land.

(8)

A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.

(9)

This section does not apply—

(a)

in England and Wales, to a gathering licensed by an entertainment licence; or

(b)

in Scotland, to a gathering in premises which, by virtue of section 41 of the M1Civic Government (Scotland) Act 1982, are licensed to be used as a place of public entertainment.

(10)

In this section—

“entertainment licence” means a licence granted by a local authority under—

(a)

Schedule 12 to the M2London Government Act 1963;

(b)

section 3 of the M3Private Places of Entertainment (Licensing) Act 1967; or

(c)

Schedule 1 to the M4Local Government (Miscellaneous Provisions) Act 1982;

“exempt person”, in relation to land (or any gathering on land), means the occupier, any member of his family and any employee or agent of his and any person whose home is situated on the land;

“land in the open air” includes a place partly open to the air;

“local authority” means—

(a)

in Greater London, a London borough council or the Common Council of the City of London;

(b)

in England outside Greater London, a district council or the council of the Isles of Scilly;

(c)

in Wales, a county council or county borough council; and

“occupier”, “trespasser” and “vehicle” have the same meaning as in section 61.

(11)

Until 1st April 1996, in this section “local authority” means, in Wales, a district council.