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Licensing

Public processions, parades and demonstrations

Details of licensing requirements for public processions.

Proposed public processions

The following document contains a list of the public processions awaiting a decision to take place in East Renfrewshire:

Advice for Organisers

Notifications

If you intend organising a public procession in East Renfrewshire you can pick up a notification form from any East Renfrewshire Police Office or from East Renfrewshire Council (Licensing Section), Council Headquarters, Eastwood Park, Rouken Glen Road, Giffnock G46 6UG or telephone 0141 577-3006/3005 to request one by post.

You must give at least 28 days' notice of your intention to hold a parade or march. This is to allow time for any necessary discussions to take place. Should you be unable to give 28 days' notice, you will need to apply for and be granted an exemption. This will only be granted in exceptional circumstances. Should an exemption not be granted you will not be permitted to march.

Information needed

The notification form asks for:

  • The organiser's name and address
  • The name of the organisation;
  • The reason for the procession;
  • The day, date, time and route;
  • The number of people likely to take part; and
  • The number or stewards.

You should read the notification form, along with the Council's guidelines on public processions, and when completing the form take into account all aspects of the guidelines. If you believe you will have any difficulty in complying with the guidelines, you must explain this in detail when submitting the form and give the reasons why any exceptions to the guidelines should be considered.

We expect all organisers to:

  • Act responsibly in ensuring processions are organised for appropriate purposes; and
  • Where appropriate, consider the scope for combining processions, particularly if they repeatedly follow the same route(s) or are set to take place in consecutive weeks.

Once you've completed the notification form, please forward to East Renfrewshire Council (Licensing Section), Council Headquarters, Eastwood Park, Rouken Glen Road, Giffnock G46 6UG.

Information regarding Risk Assessments

Depending on the nature of the event, in close discussion with the police, we may carry out an assessment of the risk of holding the procession against the considerations set out in section 63(8) of the 1982 Act (including any information available on previous processions). This will lead to better and more information decision - making because we will have:

  • Identified the known dangers and risks associated with holding the procession;
  • A better knowledge on which to decide whether and what precautions could be taken to reduce or get rid of risks; and
  • A better idea of what preventative measures they may need to take now and for future processions.

We will pass our written assessment to you for comment and we may want to compare our findings with any risk assessment you have carried out.

Again this may depend on the nature of the event, but it may be appropriate to ask you to carry out a risk assessment. We will let you know whether we want you to carry out a risk assessment.  We will include your risk assessment in the decision-making process and compare it against our own.

How we deal with notifications

When we receive your notification, we will check the procession route to see which electoral wards it will pass through, so that the local councillor(s) can be informed. He/she will be given the opportunity to raise any queries or objections to the proposed procession.  We will also seek the views of relevant local organisations on our "opt-in" list and publicise details of the march on the Council's website.

At the same time, the Divisional Commander of the Police Division where the procession will take place will prepare a report confirming the details of the notification and stating if he/she has any objections.

If no objection or representations are received, then we will send you a letter confirming the details of the procession, including the date, route and time, together with any other conditions which you will be obliged to follow.

Depending on the information you supply in the notification form, you may be asked to attend a meeting with Council officers and the local Police to discuss the proposed procession.

If your procession is to end in a rally, demonstration or event in a public space owned by the Council such as a public park or car park, you will need to write to either the Head of Cleansing, Parks & Protective Services, Council Headquarters, Rouken Glen Road, Giffnock, G46 6UG (public parks) or Head of Roads and Transportation, Carnwadric Road Thornliebank (car parks) at least 28 days in advance for permission to use the facility.

After your specific requirements have been agreed by the relevant officers, you will have to agree to the General Conditions of Let which usually cover issues including the hire of temporary toilet facilities, site clearance arrangements, equipment hire, staffing and any other costs.

Objections/Representations

Current legislation presumes the right to hold a procession and, as Council, we must justify any conditions or prohibitions in relation to the specific circumstances of a procession.

Where objections or representations have been received, we will make every effort to communicate and negotiate with you, as procession organiser, to resolve concerns to the mutual satisfaction of all involved. This may result in you having to submit a revised and mutually agreed notification.

If, however, it is impossible to resolve difficulties through negotiation, a formal meeting of the Licensing Committee will be arranged to consider the issues in dispute.

At the committee meeting, those proposing the procession and those objecting to it will present their cases and committee members will have the opportunity to question them.

After hearing all parties, the Committee will announce its decision which will be confirmed in writing. The Council can either prohibit the holding of procession or impose conditions on it.

These restrictions may include:

  • Making alterations to the date, time, duration or route of the procession;
  • Asking for stewarding arrangements to be strengthened;
  • Seeking to prevent a procession to ensure that anti-social behaviour in not promoted;
  • Prohibiting its entry into any public place specified in the Order.

If we decide to prohibit a procession under Section 63 (1) of the Civic Government Act 1982, a Prohibition Order will be sent to you, as organiser, as early as possible after the hearing, This Order will explain why the procession has been prohibited and the consequences should you decide to ignore the Order.

Appeals against prohibition orders

You can appeal against an Order made under Section 63(1) of the Act. This appeal should be made by way of summary application and lodged with the Sheriff Clerk within 14 days of the date you receive the Order and the Statement of Reasons.

An appeal may be upheld by a Sheriff if he/she considers that the Council, in making its decision had:

  • Based its decision on any incorrect material fact;
  • Erred in law
  • Exercised its discretion in an unreasonable manner; and
  • Otherwise acted beyond its powers.

The Sheriff considering an appeal under this Section may hear evidence by or on behalf of, any party to the appeal, and will also take into account the actions of the Council and give it the opportunity to be heard.

If the Sheriff upholds an appeal, he/she may either:

  • Remit the case with the reasons for his/her decision to the local authority for reconsideration of its decision;
  • Vary the Order under appeal, if there is insufficient time for the case to be remitted to the local authority; or
  • Dismiss the appeal.

Cancellations

If you have to cancel your procession or demonstration, it is your responsibility, as organiser, to advise both East Renfrewshire Council and the appropriate local Police Office as soon as possible. Where practical, you should confirm the cancellation in writing to the Council within 48 hours.


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