Page 662 - Pages from 8. 2017 New 26-05-21 No Table- 2nd Half

example, taking petrol or diesel from a service station which is
on an industrial estate, or indeed going to an a11-night food
supplier, or alcohol suppliers, for example such as McDonald 's,
who may be open all through the night.
So, it requires more attention.
Then, finally, (f), engage in any licensable activity in any
unlicensed premises.
Self-evidently, that is appropriate and there is nothing wrong
with that.
Finally, the antisocial behaviour order provides, for the sake of
clarity, nothing in this order prevents the defendant from
assisting, preparing or engaging in licensed/licensable activities
and it's obvious that that, as we have already said, is what the
situation is to be.
There are amendments which were proposed by the respondent
to this order.
At paragraph 21 of the respondent's skeleton argument the
amendment which the respondent seeks is that the words "or
section 63(lA)" be added after the words "63(1)" in prohibitions
(a), (b) and (c) of the ASBO.
Speaking for myself, I can see no reason why that should not be
done.
As the skeleton rightly points out, the terms of the ASBO need to
be necessary and propionate, so that they have minimal impact
on the appellant’s life and legitimate business activities.
So, I would now invite submissions by Counsel for the
Respondent: as to what changes should be made to the antisocial
behaviour order and then we will retire in order to address that in
discussion.
(There followed further submissions) (The Bench retired)
JUDGE PAWLAK: We have to have regard to the order being
necessary to protect relevant persons and we have discussed it
extensively.
I 'm afraid our conclusion is that (a) should go altogether, (b)
obviously becomes (a) and that can stand as it is, subject to
adding the amendment that you wanted to again subject to the
amendment, can stand as it is.
Enter or remain in any disused or abandoned building unless
invited to do so in writing by a registered charitable organization
or local authority, "or the owners of the property" should be
added, or the owners of the property.
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, unless the purpose of his entry on such property is to
purchase goods or services from any shop or garage premises
which are open to the public at such times.
Then (f): we don't like "engage in.