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(a) in England and Wales, to a gathering in relation to a licensable activity within section 1(1
Vet of the Licensing Act 2003 (provision of certain forms of entertainment) carried on under
and in accordance with an authorisation within the meaning of section 136 of that Act.
2
(b) in Scotland, to a gathering in premises which, by virtue of section 41 of the Civic
Government (Scotland) Act 1982, are licensed to be used as a place of public entertainment.
(10) In this section—
“exempt person", in relation to land (or any gathering on land), means the occupier, any
member of his family and any employee or agent of his and any person whose home is
situated on the land.
"land in the open air” includes a place partly open to the air.
2
"occupier”
"trespasser”
and “vehicle ‘have the same meaning as in section 61.
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Scotland
63.— Powers to remove persons attending or preparing for a rave.
This section applies to a gathering on land in the open air of 100 or more persons (whether or
not trespassers) at which amplified music is played during the night (with or without
intermissions) and is such as, by reason of its loudness and duration and the time at
www.WestLaw.uk
82,
Simon Cordell’s Skeleton Argument (2) Pdf
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which it is played, is likely to cause serious distress to the inhabitants of the locality, and for
this purpose—
(a) such a gathering continues during intermissions in the music and, where the gathering
extends over several days, throughout the period during which amplified music is played at
night (with or without intermissions); and
(b) “music" includes sounds wholly or predominantly characterised by the emission of a
succession of repetitive beats.
- If, as respects any land
I
a police officer of at least the rank of superintendent reasonably believes that—
(a) two or more persons are making preparations for the holding there of a gathering to which
this section applies,
(b) ten or more persons are waiting for such a gathering to begin there, or
(c) ten or more persons are attending such a gathering which is in progress,
he may give a direction that those persons and any other persons who come to prepare or wait
for or to attend the gathering are to leave the land and remove any vehicles or other property
which they have with them on the land.
(3) A direction under subsection (2) above, if not communicated to the persons referred to in
subsection (2) by the police officer giving the direction, may be communicated to them
by any constable at the scene.
(4) Persons shall be treated as having had a direction under subsection (2) above
communicated to them if reasonable steps have been taken to bring it to their attention,
(5) A direction under subsection (2) above does not apply to an exempt person.
(6) if a person knowing that a direction has been given which applies to him—
(a) fails to leave the land as soon as reasonably practicable, or

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