Help needed to avoid prosecution!

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Help needed to avoid prosecution!

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June 12, 2007 at 8:17 pm

#692463
1

5MeoDmt

@5meodmt

Member
Basically me and a few mates get together in a public wood once a year for an event affectionately known locally as ‘Party in the woods’. All the usual stuff, generator, rig, projection screens, bonfire etc. Last year was the tenth year and was the biggest turnout with between 200 and 300 folks.

Every year we do the right thing and tell the cops before we do it (only like a day before usually or on the day) the cops then inform the environmental health who turn up on the night and say:

” well basically you should have applied for a licence, but as you have left it too late all we can do is do sound checks around the area, if its not too loud on our equipment then we’re happy, if its too loud you will get a court summons”

Every year its gone ok, no problems (except the occasional local chav causing a bit of mischief) but this year all the local papers are running an article threatening council court action:

http://www.cravenherald.co.uk/mostpopular.var.1455571.mostviewed.call_for_ban_on_illegal_rave.php

I’m just hoping that some nice people in the know on this board can offer any advice (I’m looking for a cool loophole) that can enable us to set this up again this year, its one of those nights that everyone looks forward to and old mates trek up from other parts of the country to meet etc, will be such a shame if these fuddles from the council manage to pull the plugs

😥
June 12, 2007 at 8:26 pm

#887770
1

Raj

@raj

Member
Have you read the thread on applying for a TENS license?

http://www.partyvibe.com/vbulletin/showthread.php?t=18482

might be a plan?
June 12, 2007 at 9:44 pm

#887772
1

5MeoDmt

@5meodmt

Member
Cheers for the reply! Hadn’t heard about the TENS route, looks very interesting…..

….*pours another drink amd starts reading all the small print…..*

:bounce_fl …..
June 13, 2007 at 9:19 pm

#887773
1

5MeoDmt

@5meodmt

Member
..Ok, fully looked into the whole licence application process, and have come to the conclusion that we would not be granted a licence.

100% sure of this! 😥

please can anyone offer an alternative route to take? Should we just throw the party anyway and stick someone elses name down as organiser (and prey we dont get a nasty letter through the post) or is there another way? Can you throw a bash without actually having an ‘organiser’ ? With it being a public wood, do they have the right to say that a goup of friends cant go up after dark and enjoy a ‘birthday party’ in a public area?

Help!! I’m totally new to all this stuff – any help much appreciated!

:weee: :weee: :weee:
June 13, 2007 at 10:51 pm

#887767
1

globalloon

@globalloon

Member
5MeoDmt wrote:

..Ok, fully looked into the whole licence application process, and have come to the conclusion that we would not be granted a licence.

100% sure of this! 😥

please can anyone offer an alternative route to take? Should we just throw the party anyway and stick someone elses name down as organiser (and prey we dont get a nasty letter through the post) or is there another way? Can you throw a bash without actually having an ‘organiser’ ? With it being a public wood, do they have the right to say that a goup of friends cant go up after dark and enjoy a ‘birthday party’ in a public area?

Help!! I’m totally new to all this stuff – any help much appreciated!

:weee: :weee: :weee:

i’d recommend finding a different venue, where no-one can hear you, as the ideal alternative

failing that, you can try throwing the party, but it seems likely that there will be repercussions

on the night, the cops can issue a sec63, which means they have the authority to confiscate all the equipment and everyone involved in organising the event (djs, people helping with parking etc) can get a fine and criminal record

if the party goes ahead on the night without the cops trying to stop it, they can still make a civil case for failing to have a PEL (public entertainment license) unless it’s 101% a private party… the fact that it’s already in the public domain (eg. on this website and in your local paper) means that they would likely argue that it wasn’t a private party and win the argument. PEL prosecutions involve potentially large fines and even jail time

in britain today you have to fight for right to party more than ever… but when it comes to the actual party, you might agree that it’s better to live to party another day

if i’ve missed anything, anyone feel free to add suggestions
June 13, 2007 at 10:54 pm

#887766
[deleted]

@[deleted]

Guest
would you need a PEL if you have a TEN?
June 13, 2007 at 10:58 pm

#887768
1

globalloon

@globalloon

Member
Space Master wrote:

would you need a PEL if you have a TEN?

TENs are for events with less than 500 people for up to 72 hours, maximum 12 in the same location in a year. they are for private land, public halls, village fairs, pubs that have occasion bands etc. they were designed to reduce the paperwork burden on small, one-off events

PEL is for larger events

sooooo. the answer is…

if a TEN applied to your event and you had one, you wouldn’t need a PEL. if a PEL applied to your event, a TEN would serve no purpose (as it would be insufficient)

😉
June 14, 2007 at 11:17 pm

#887774
1

5MeoDmt

@5meodmt

Member
Many thanks for your help guys – some very clear info! :weee:

THe way I see it now is we have two options

(1) Find a new venue (I really didnt want to have to do this as its a perfect spot and it also means that ‘they’ win. 😥 )

(2) Ensure that it is a 100% private party -as has been mentioned could be quite a hard thing to prove (especially as half the local village turns up) – Is there an easy way to ensure that it becomes a private party in the eyes of the law?

going to have to give this one more thought- – If anyone else has any more ideas it will be great to hear them

:weee:
June 14, 2007 at 11:35 pm

#887769
1

globalloon

@globalloon

Member
to keep it defined as ‘private’ is not clear cut… if things went badly and someone ended up in court, they would have to prove it was private

stuff that would show it wasn’t private would be flyers, posters, information on the net, a partyline, anything that wasn’t a private invitation

from what you’ve said, it’s a very local affair. if everyone there had to have an invitation to attend and there was a guest list that matched who had invitations, that would help to avoid PEL prosecutions

and for cops to issue a section63… in many cases this only happens if negotiations go badly (ie. refusing to turn it down following complaints) … so being co-operative can help avoid this, but in theory, if a sec63 is issued and everyone involved switches off the music, packs away, clears up and leaves the site quickly, then you should be free to go…

whether or not it gets to this point depends on a few things (like the attitude of senior cops in your area)… the fact that it’s already been in the paper isn’t a good sign, but if it genuinely is ‘half the village’ and people are prepared to engage the one complaining resident and come to some compromise (maybe chip in and pay for them to go and stay in a nice hotel for the weekend to keep the peace?) you might find the problems go away.

basically, try and find a compromise with whoever is complaining (prevention is better than cure, as they say)

one night of fun a year shouldn’t be too much to ask :crazy: you could even try writing a reply letter to the paper that printed the article stating your case?

good luck and make sure you let us know how it goes 😉
July 8, 2007 at 9:48 am

#887775
1

5MeoDmt

@5meodmt

Member
Thanks for all replies and we’re currently working on a solution to this, in the meantime the papers are running another piece on the ‘naughty rave’:

http://www.cravenherald.co.uk/mostpopular.var.1505866.mostviewed.council_struggles_to_stop_illegal_rave.php

======================

ATTEMPTS to stop an illegal rave in Sutton-in-Craven have suffered a setback.

Following complaints from people living close to the annual summer rave at Sutton Clough, the parish council made attempts to stop the event from taking place.

But efforts to halt the rave by telling the organisers they need to apply for a licence have failed, because the council does not know who they are.

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Basically everyone who has put their details down before has since moved address and changed phone numbers so they can’t get in contact…
================

Lindsey Quinn, head of environmental health and housing at Craven District Council, said: “Unfortunately, false contact details have been given to the council and we have been unable to trace the event’s organisers.

“We are currently in discussions with the police and Sutton Parish Council to try to prevent this unlicensed event from taking place,” she added.

At last month’s meeting of Sutton Parish Council, residents of Hall Drive said they wanted the annual rave, which attracts up to 200 people and is usually held in late August or early September, to be stopped.

They fear it is only a matter of time before someone is injured, and warned the parish council, which owns the land, that it could be liable.

Coun Neil Whitaker, chairman of Sutton Parish Council, said their only hope now of stopping the event was to wait until organisers moved onto the site.

And he admitted unless they knew exactly when the rave was to be held, there was little they could do.

“We’re not allowed to shut it because it is a public footpath and we can’t put barriers across it because emergency vehicles have to be able to get access,” said Coun Whitaker.

“We’re very much stuck at the moment. We’re waiting to see if it comes up on the internet and then we can tell the police and they can hopefully stop people before they start.”

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We never advertise it on the net – its just word of mouth but I guess someone else could be doing, also me writing this kind of advertises it – ooops! 😉
================
The event, which has been held since 2002, was originally held as a birthday party, but has grown to include sound systems, video screens and generators.

It is advertised at the last minute on the internet and its organisers change every year.

Coun Whitaker added: “We’re doing all we possibly can to stop it, but we can’t shut it. We just have to ask people to be vigilant and let us know when people start arriving so we can tell the police.”

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:hopeless:
August 13, 2007 at 2:15 pm

#887771
1

fruitisbad

@fruitisbad

Member
you should do the party as a fund raiser for the local council or for somethign for the community. show them that your all a nice bunch of people who just want to have one party a year with no trouble
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