Permission for events parades and demonstrations

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:

  • The white copy to :Strathclyde Police, Operation Planning,923 Helen Street,Govan,Glasgow G51

  • The pink copy to the East Renfrewshire Council (Licensing Section), Council Headquarters, Eastwood Park, Rouken Glen Road, Giffnock G46 6UG

  • Keep the yellow copy for yourself.

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, Roukenglen 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 Section63(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.

Guidelines for council

Public Processions

These Guidelines set out the general issues which the Council consider important when dealing with the notification of a procession.  It should be noted that each procession will be assessed on its own merits and according to circumstances.

Responsibility for a procession and its participants lies first and foremost with the procession organiser.  The organiser should take all possible steps to ensure a pre-planned, well-organised and peaceful event that has as little negative impact as possible on local residents and communities.  The Police, too, have a critical role in upholding the law in and around processions and marches.  

In considering the notification of a procession, the Council will take into account:

The number of processions

In terms of the volume of processions, we will consider:

  • The number of processions that have taken place within the area affected by the proposed procession within the last year and, in the light of this, the potential for the procession to cause excessive disruption to residents and businesses in the area and to motorists, pedestrians and public transport users along its proposed route.

The greater the number of processions, the greater the possibility of some restrictions.

The timing of processions

In terms of the timing of processions, we will presume that:

  • Processions will normally take place between 7.30am and 9.00pm. No music will be played before 9.00am or later than 9.00pm, (except on the annual July march of the Loyal Orange Institute of Scotland where playing of music will be permitted from 8am), unless good reasons are presented as to why these conditions should not apply.  In terms of the playing of music, further restrictions may be required after considering the type of premises on the proposed route e.g. residential developments, places of worship, football grounds and public houses.

The procession route

In terms of procession routes, we will consider:

  • The impact of the route on residents, businesses and transport users and seek to balance the desire of the procession organisers for a particular route with the impact on other people affected by that route. The presumption is that processions will avoid residential areas wherever possible and should, where practical, keep to main arterial routes;

  • Organisers’ proposals for stewarding and other arrangements, if we need to alter proposed routes to limit disruption in local areas; we will also try to maximise opportunities for the Police to ensure that traffic and pedestrian movement is disrupted as little as possible.

Likely threat to public disorder

In terms of likely threats to public disorder, we will consider:

  • Police advice regarding public safety or potential public disorder in relation to any proposed procession, as well as Police reports on the extent to which previous processions have involved anti-social behaviour on the part of participants or followers;

  • Representations from residents and businesses whose activities are likely to be affected by the proposed procession regarding the expectation of disruption, public disorder and anti-social behaviour.

Once we have assessed these reports, we will decide whether to:

  • Make alterations to the route;

  • Ask for stewarding arrangements to be strengthened;

  • Seek to prevent a procession to ensure that anti-social behaviour is not promoted.

We will look at the impact of a procession in its totality.

The likelihood of any restriction will be greater where the procession or its followers have previously:

  • Caused public disorder or damage to property;

  • Been involved in anti-social behaviour; or

  • Failed to comply with Police instructions on the day.

Guidelines for organisers

We will require the organiser(s) of a procession to agree to certain conditions when notifying us of the intention to hold a procession.  In practice, there will be a degree of flexibility in how far the guidelines operate to reflect local circumstances.

All organisers should

Notification

  • Provide 28 days’ notice to the Police and the Council of the intention to hold a procession.  Should you unable to do so, 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 able to march.

  • Give notification as early as possible in those cases where a series of similar processions is proposed;

  • Co-operate with the Council and the Police from the time of submission of the notification of a procession until the procession disperses;

  • Identify himself/herself to the Police Officer in charge at the commencement of the procession;

  • Ensure that, in the event of the procession or demonstration being cancelled, the Council and the Police are informed of this promptly and the cancellation is confirmed in writing to the Council within 48 hours;

  • Ensure that all participants have been informed of any conditions imposed on the procession (change to timing, route etc).

Safety/public order

  • Ensure anyone under the influence of alcohol or drugs in not allowed to participate;

  • Ensure an appropriate ratio of stewards or marshals to participants (one to ten) and that all stewards;

  • Are briefed by organisers and given guidance/instruction on their role prior to the procession;

  • Carry proof of status;

  • Co-operate with the Police as required;

  • Are highly visible and easily identifiable;

  • Conduct themselves in a proper manner;

  • Ensure that participants comply with directions regarding their own public safety and that of members of the public;

  • Accept that he/she is responsible for the behaviour of all participants, including bands where appropriate (as well as followers), and for ensuring general compliance with the Council’s guidelines on public processions and Police instructions;

  • Ensure that the behaviour of participants could not reasonably be perceived as being deliberately aggressive (ie threatening, abusive, homophobic, sectarian or racist).

  • Note that the Council may take into account any public disorder, anti-social behaviour or damage to property resulting from a specific procession, if notification is received from the organiser for a similar march.

Routes

  • Ensure that, wherever possible, processions follow main roads, rather than going through residential housing developments;

  • Ensure that all participants do not march more than four abreast, keeping to the near or left hand side of the street, except on one-way streets where they will keep to the right side;

  • Ensure that the Police are assisted in guaranteeing that passage is allowed for traffic and pedestrians;

  • Ensure that the procession is split into sections in order to avoid serious dislocation of traffic and to facilitate the crossing of pedestrians who have a right of free access and passage to or through any public area;

  • Ensure that all playing of music ceases when approaching and passing places of worship whether or not services are in progress, as instructed by the Police;

  • Ensure all participants disperse as soon as the procession concludes.

Legal requirements

  • Note that the conditions of Section 62 of the Control of Pollution Act 1974 in relation to the use of loudspeakers shall be observed. (This relates to the hours during which a loudspeaker cannot be used).

  • Note that the terms of the Public Order Act 1936 in relation to the prohibition of the wearing of uniforms signifying association with any political organisations etc shall be observed;

  • Note that the terms of the East Renfrewshire Council (Prohibition of the Consumption of Alcohol in Public Places) Bye-Law shall be observed.

Guidelines for Participants

All participants in processions should

  • Behave with due regard for the rights, traditions and feelings for others in the vicinity of the procession, particularly in areas where there has previously been public disorder associated with processions;

  • Behave with due respect at ‘sensitive’ areas such as places of worship;

  • Refrain from using words or behaviour which could reasonably be perceived as being deliberately aggressive (i.e. threatening, abusive, homophobic, sectarian or racist);

  • Obey the lawful direction of procession organisers, stewards, and the Police at all times;

  • Keep to the designated route as directed by the Police;

  • Refrain from consuming alcohol or drugs prior to or during the procession;

  • Not display flags relating to proscribed organisations or which are likely to cause offence;

  • Disperse in good order as soon as the procession concludes.