HC Deb 02 August 1971 vol 822 cc1253-7
5.—(1) Any person intending to hold an assembly to which this section applies and the occupier of any land intending to permit that land to be used as the site of such an assembly, or, if it is land adjacent to the proposed site of such an assembly, for purposes of that assembly shall give to the Council not less than four months' notice of his intention to do so.
(2) Within one month of the receipt of any such notice or of the information under subsection (4) of this section or in default of the receipt of such information within the period specified in subsection (4) of this section the Council may, after consultation with such local authorities and such statutory or other authorities as the Council think fit serve a counter-notice on the person giving such notice or information, or, as the case may be, the person required under subsection (4) of this section to give such information requiring him to comply with such reasonable terms or conditions as they think fit with respect to water supply and securing sanitary conditions, public order and public safety and for the prevention of actionable nuisance:
Provided that no term or condition relating to public order shall be imposed without the consent of the Chief Constable of the police authority
(3) Any notice given under subsection (I) of this section shall state the purpose and proposed date of commencement and duration of the assembly, the limits of the site to be occupied and the maximum number of persons which the person giving the notice expects to attend the assembly and the person giving the notice shall pay to the Council such amount in respect of any extra expense which may be incurred by any authority by reason of the assembly as the Council may reasonably require.
(4) If the Council have reason to believe that any assembly to be held in the county will be an assembly to which this section applies but no notice has been given to them thereof under subsection (1) of this section, by the person intending to hold the same or by the occupier, as the case may be, they may as soon as reasonably practicable after the intention to hold the same has come to their knowledge serve on the person intending to hold the assembly and on the occupier of any land on which it appears the assembly is to be held a notice requiring that person to give to the Council the information required by subsection (3) of this section which information shall be supplied by the person on whom the notice is served within seven days after the service of such notice and to pay to the Council the amount required under that subsection.
(5) If the site stated in a notice given in pursuance of subsection (1) of this section or information given in pursuance of subsection (4) of this section, of, in default of such information, the site that the Council have reason to believe to be the intended site shall in the reasonable opinion of the Council be too small or by reason of its situation or condition be unsuitable for the purpose of the proposed assembly or for the number expected to attend they may, without prejudice to any counter-notice under subsection (2) of this section, within one month after the receipt of a notice under subsection (1) of this section or of the information under subsection (4) thereof or, as the case may be, within one month after the expiry of the seven days referred to in subsection (4) of this section serve a counter-notice to that effect setting out in the case of unsuitability the grounds on which it is in the opinion of the Council unsuitable.
(6) If the number of persons who attend the assembly exceeds the maximum number stated in the notice or information or, in the case where there has been a default as mentioned in subsection (2) of this section, the number estimated by the Council the person giving the notice or information or required to give the information shall pay to the Council such additional amount in respect of the extra expense incurred by any authority by reason of the assembly as the Council may reasonably require.
(7) A person giving notice under subsection (1) of this section or giving or required to give information under subsection (4) thereof shall deposit with the Council by way
of security the amount required by the Council under subsections (3) and (4) of this section and shall also give to the Council a bond of reasonable amount with a sufficient surety to be approved by the Council for the payment of the amount which that person may be liable to pay to the Council in accordance with the provisions of subsection (6) of this section.
(8) Any person aggrieved by the service of a counter-notice under subsection (5) of this section or by any terms or conditions required by the Council under this section including any payments or bonds for payment under this section may within fourteen days after the service of any notice or counter-notice from the Council appeal to a court of quarter sessions of the county and on such appeal the court may by order confirm, vary or set aside any such term, condition or requirement or may impose any term, condition or requirement which the Council would have been entitled to impose by virtue of this section and may quash any such counter-notice under subsection (5) and the Council shall give effect to such order accordingly and such order shall be final.
(9).—(a) A person who holds an assembly to which this section applies without giving notice under subsection (1) of this section or information under subsection (3) thereof or after the service of a counter-notice under subsection (5) thereof shall be guilty of an offence.
(b) The occupier of land who- permits that land to be used as mentioned in subsection (1) of this section without giving notice under subsection (1) of this section or information under subsection (3) thereof or after the service of a counter-notice under subsection (5) thereof shall be guilty of an offence.
(c) any person concerned in the management of an assembly to which this section applies or the occupier of land permitting that land to be used as mentioned in subsection (1) of this section who contravenes any term, condition or requirement imposed under this section or who knew, or had reasonable cause to suspect, that such a term, condition or requirement was being contravened by some other person shall be guilty of an offence:
Provided that in proceedings for an offence under this subsection it shall be a defence for the accused to prove that he has used all due diligence to ensure compliance with the term, condition or requirement concerned.
(d) A person who commits an offence under this section shall be liable on summary conviction to a fine not exceeding £400 and on indictment to a fine not exceeding £1,000 for each day on which the offence is committed and the court convicting him may by the conviction adjudge him to pay to the Council such amount in respect of the extra expense incurred by the authorities by reason of the holding of the assembly or breach of the term or condition as the court may determine.
(e) Section 41 of the Administration of Justice Act 1970 (recovery of costs and compensation awarded by magistrates, assizes, quarter sessions, etc.) shall have effect as if the following paragraph were contained in Part I of Schedule 9 to that Act:—
"Where under section 5 of the Isle of Wight County Council Act 1971 a court adjudges a person to pay a sum of money in respect of extra expenses incurred by reason of the holding of an assembly or breach of a term or condition imposed under that section."
(10) The Council may pay to any authority the whole or such part or parts of any sums received by them under subsections (3), (4), (6), (8) and (9) of this section as they may think fit.
(11) An assembly to which this section applies is an assembly in the county in the open air at which during any period exceeding three hours during the six hours following midnight there are not less than 5,000 people present.
(12).—(a) In this section "authority" means the Council, a local authority, the police authority, the river and water authority, or any other body discharging functions in the county in pursuance of statutory powers.
(b) For the purposes of this section a person who holds an assembly includes any person who—
(i) on his own behalf or by his agent gives notice to the Council under subsection (1) of this section or information under subsection (4) of this section; or
(ii) permits land occupied by him to be used as the site of an assembly; or
(iii) charges admission to the site of the assembly; or
(iv) is entitled, as a person promoting the assembly, or as the agent, licencee or assignee of a person promoting the assembly, to the television, broadcasting, filming or recording rights of the assembly or of any performance given in the course of it; or
(v) is entitled as aforesaid to payment for goods sold or services rendered to persons attending the assembly or for the granting of rights to other persons to sell goods or services to persons attending the assembly.
(13) This section shall come into operation on 1st December 1971.
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