Page 661 - Pages from 8. 2017 New 26-05-21 No Table- 2nd Half
P. 661

We have rejected his explanations as advanced in his documents,
                 mindful of the fact that he has not been here as a matter of his
                 own choice to present his case to this court.
                 Having been satisfied so as to be sure of the first part of the test,
                 the second part of the test is whether an order is necessary to
                 protect relevant persons from further antisocial acts by Mr.
                 Cordell.
                 That is the ASBO notice, which was made by the District Judge
                 and which is to be found at page 13 of the respondent's bundle.
                 We have concluded that the making of the antisocial behaviour
                 order was necessary and our only concern is as to the language
                 of the antisocial behaviour order as to the prohibitions contained
                 in it.
                 Now, so far as the following are concerned there can be no
                 objection to them.
                 They do not in any way interfere with the running of a business
                 supplying sound equipment by Mr. Cordell, or generators, to
                 organizations that wish to hold licensed or legitimate events.
                 These are as follows: (b) being concerned in the organization of
                 a rave, as defined by section 63( 1) of the Criminal Justice and
                 Public Order Act  1994; (c) knowingly using or supplying
                 property, personal or otherwise, for use in a rave as defined in
                 section 63( 1) of the Criminal Justice and Public Order Act  l
                 994; (d) entering or remaining in any disused or abandoned
                 building unless invited to do so in writing by a registered
                 charitable organization or local authority.
                 Unless some charitable organization or local authority is
                 planning some event and he is invited to help in the organization
                 of it, there is no reason why he or indeed anyone else should be
                 inside a disused or abandoned building.
                 The caveat that one might impose there in relation to that - and
                 this is for discussion after hearing submissions from Counsel for
                 the Respondent: - is whether that should say a commercial
                 factory or some other qualification of the word “building,"
                 because otherwise this could also relate to residential property.
                 If it remains as it is, the appellant would not be able to enter a
                 disused or abandoned residential property unless invited to do so
                 in writing by a registered charitable organization or local
                 authority.
                 So, it might be necessary to widen the scope of the potential
                 investors.
                 Enter or remain on non-residential private property on an
                 industrial estate between the hours of 10 p.m. and 7 a.m. without
                 written permission from the owner and/or leaseholder of the
                 property.
                 This does require some qualification and more than what was
                 originally ordered, because, as the appellant  himself rightly
                 said when he was here on the first day of the appeal, or his
                 mother may have said, and has been said on his behalf on
                 previous occasions, this provision would prevent him from, for
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