Page 638 - 6. 2016 Diary 1st half New 26-05-21 No Table
P. 638
ARRANGE OR BY PROVIDING SOUND
EQUIPMENT HE BELIEVED THE EVENT TO BE
A LICENSED EVENT AND THEREFORE WAS AN
INNOCENT SUPPLIER OF EQUIPMENT, AND IF
SO FOR WHICH RAVE OR RAVES IN
PARTICULAR.
The Appellant will state that he supplied equipment on
one occasion only, in good faith to what he believed to
be a private party. He did not attend the premises
beforehand and therefore did not know the equipment
would be used at a different place. The Appellant will
state that his equipment was restored to him by police
after they concluded he had no part in the event and
had innocently hired out his equipment. The event the
Appellant is referring to is Falcon Road.
The Appellant on no occasions cited in the
Respondent's bundle hired out any sound equipment,
audio equipment or organised any rave in the London
Borough of Enfield on the dates cited in the original
application.
PROPORTIONALITY:
The Appellant will state that the current ASBO was
imposed by the District Judge after the police had
failed to establish that the Appellant had engaged in
any acts of anti-social behaviour.
The Appellant will also argue that the Respondent
could not establish that the Appellant engaged in any
illegal acts. The Appellant will state that the
Respondent could not establish that any of the events
cited came within the definition of an illegal rave as
defined under section 63 of the CJPOA 1994.
The Appellant will state that the ASBO has
significantly impacted his ability to run his
Entertainment Company and also his future plans to
hold an open-air festival. The ASBO would
significantly prevent his ability to apply for licences to
run out-door festival events. No other entertainments
company is subject to the same due diligence when
hiring out equipment.
The Appellant will argue that the terms of the ASBO
are too restrictive and the geographical restriction too
broad, being that the ASBO was put in place for the
whole of the UK. Also, that the ASBO conditions have
never been defined, and due to this does not know
what he is allowed to do and what he is not, due to
how broad the conditions have been set.
The Court did not take into consideration the fact that
the Appellant was made subject an interim ASBO and
the duration was not reduced accordingly.
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