Street Use and the Law
Edition: 1st
Author: Paul Clayden
ISBN: 0 7219 1680 5
Publishers: Shaw and Sons
Price £22.50
Publication Date: June 2006
Publisher’s Title
Information
Drivers, pedestrians, contractors, cyclists, dog owners - all of these people use our roads and pavements every day. With so much going on on our streets, it is little surprise that there are areas of contention arising from their usage. What laws apply if fairground attractions obstruct traffic; if a dangerous dog is allowed to roam the streets without a muzzle; if a drain overflowing has led to dangerous amounts of surface water? This book describes the laws that come into force on a daily basis on UK streets, particularly busy roads in urban centres, and considers numerous types of potential danger and public nuisance.
For ease of use, each topic is listed alphabetically, and a comprehensive index further enables easy location of the appropriate legislation.
Each topic points to the parts of Acts which are appropriate to the topic, and summarises effectively what the law states under each relevant Act.
This book also investigates
where liability falls, especially with relation to local authorities, and
explores the duties of local authorities in ensuring the well-being and safety
of all road users.
Lawyers will find this an
invaluable ready-reference guide when dealing with personal injury and nuisance
claims.
Review
This is a small but limited
book, however it would be useful as a quick reference guide to drivers,
pedestrians, cyclists, etc. It could
be used by police officers but only as a starting point, eg, taking one subject
which still exists under the old Vagrancy Act 1824, Begging, and comparing the
book with the Police Manual we find the results are as below. Street Use and the Law Begging Vagrancy
Act 1824 It
is an offence under section 3 to "beg or gather alms" in any public
place, street or highway or to cause, procure or encourage any child to do
so. Under section 4 it is an offence to
obtain alms by the exposure of wounds or deformities or to obtain alms or
charitable contributions under false or fraudulent pretences. The
penalty on summary conviction is a fine not exceeding level 1 on the standard
scale, Children
and Young Persons Act 1933. It
is an offence under section 4 for any person having responsibility for a child
or young person to cause or allow that child or young person to be in any
street, premises or place for the purpose of begging or receiving alms. The penalty on summary conviction is a fine
not exceeding level 2 on the standard scale or up to three months'
imprisonment, or both. A
child is a person under 14 and a young person is a person over 14 but under 18. The Police Manual
4.
5. 6. 14 Begging The
Vagrancy Act 1824, s. 3 creates the ancient offence of begging or gathering
alms in streets and public places. This summary offence is still relevant and
the activities of so-called beggars have attracted increased interest over
recent years. It has been held that the
mischief to which the 1824 Act was directed was conduct that forces passers-by
to deal with the defendant's activities (Mathers v Penfold [1915] 1 KB 514) and
there is authority to suggest that a single act of approaching one person and
asking for money is not, without more, enough to raise a prima facie case of
begging (R v Dalton [1982] Grim LR 375).
Where the person seeking money is doing something in exchange, such as
singing as a busker, it has been held that this conduct does not amount to
begging (see Gray v Chief Constable of Greater Manchester Police [1983] Crim LR
45). There
is a further summary offence of ‘persistent' begging, and both offences (s. 3
and s. 4) are 'trigger offences' for the purposes of the Criminal Justice and
Court Service Act 2000. This has a
number of consequences for those charged with such an offence. The principal
consequence is that he/she will come within the provisions of s. 63B of the
Police and Criminal Evidence Act 1984.
This effectively allows (in certain circumstances) for a sample of urine
or a non-intimate sample to be taken for the purpose of ascertaining the
presence of any specified Class A drug in his/her body (see Evidence and
Procedure, chapter 2.15). Many
complaints arising out of begging come from the aggressive or intimidating
approach of the 'beggar'. Where the
level of threat or intimidation is sufficiently high., other offences of
harassment., public disorder (see chapter 4. 6) and possibly robbery in extreme
circumstances (see crime) might be considered. There are usually local byelaws dealing
with begging in a particular locality and reference should be made to these
when considering relevant offences. For the general power of
arrest under the vagrancy Act 1824 see para. 4. 4.7. 6 The book covers a whole
range of subjects and the author sums up its use in the preface where he
says. The above should indicate the
limitations of the book. 'This book is intended to be used as a guide to
the law, primarily in the form of legislation, relating to topics which are
most likely to be relevant to people when they are using streets. Whilst not specifically restricted to
streets in urban areas, the topics covered are likely to be of greater
relevance in such areas rather than in rural areas. The
possible list of topics is, of course, endless, so it has been necessary to be
selective in the choice for inclusion in this book. For each topic, there is a summary of the law and the relevant
legislation. Where possible, guidance
and/or directions contained in circulars and other publications by government
departments and other bodies is included.
For a fuller exposition of the law on any particular topic, reference
should be made to legal textbooks or other specialist legal publications. A great deal of information is available via the Internet, especially on the websites of government departments, Parliament, the Stationery Office (for Acts of Parliament and Statutory Instruments),government agencies and non-governmental bodies'. Bearing
this in mind the book achieves its objective. Rob
Jerrard Alcohol & Entertainment Licensing - A Practical Guide Edition: 1st ISBN:
0721916902 Publishers:
Shaw & Sons Price
£21.95 Every type of licence
application is covered within this text, from the selling of liquor to the showing
of films, from the provision of entertainment to a paying audience to the
renewal of a club registration certificate. Issues addressed include: what are
classed as licensable activities, what kind of activities are exempt from
licensing laws, how should an application be made, how are applications
determined and how long will a licence last? It also covers the more ambiguous
aspects of licensing applications: what happens when the licence holder dies,
what to do if the licence is lost, how does one approach transferring a licence
and does the licensing authority have any right to impose conditions on a
licence? Chapters on offences and hearings contain vital information with
regard to breaches, or suspected breaches, of licensing law. David Chambers and Roger
Butterfield have used their vast experience in licensing training and
consulting to produce this practical guide, which will be of great use to
applicants for licences (publicans, club secretaries, etc.) as well as their
professional advisers. The publishers are well known in the field of publishing court forms for
use by both the legal profession and those wishing to do it themselves. They have produced a series of licensing
forms to go with the new legislation - the Licensing Act 2003. The transitional provisions came into force
in February 2005 and the main provisions of the Act on 24th November
2005. The forms had to be based upon
the various regulations. They are
complex and detailed. This work, written by David Chambers and Roger Butterfield, both active
members and Fellows of the Society of Licensing Practitioners, is a
complimentary guide through what its authors describe as a "minefield". It is a short work of only 128 pages of relatively large text. It does not contain either the Licensing Act
2003 or the relevant Regulations. In 6
appendices it does reproduce extracts from the Act or regulations dealing with
"Relevant offences under the Licensing Act 2003" setting out those offences to
be declared by applicants for a personal licence and to be taken into account
by licensing authorities and the courts; notice periods for various types of
hearing; timetables for hearings; persons to whom notice of a hearing has to be
given; documents to accompany a notice of hearing and the meaning of
"determination". The Guidance issued by the Secretary of State under s. 182 of the Act
has not been reproduced. This is not
surprising since the Guidance, in its original form comprised more than 160
pages. References are made to what is said
by the Secretary of State but only in general terms and there are no cross-references.
Similarly references are sometimes made to the relevant regulations, but again
without cross-referral. Explanations of the legislation are generally very
simplistic and often do no more than paraphrase the contents of the Act. Attempts have been made in parts of the book
to raise awareness of important associated issues. So, for example in chapter 7 ("Hearings") after the part dealing
with procedures, references are made to "Natural Justice and Human Rights". This section however contains just over 200
words. The constraints on the authors
to provide a really simple guide are there made obvious. For the non-lawyer however, the publican trying to fill in a form for
the variation of his premises licence for example, this book will be a useful guide. Anyone seeking to do more and to understand
the new Act and associated regulations, or to be able to challenge the
officious local authority worker, will have to look elsewhere. As a work designed to meet the needs of the non-lawyer trying to complete
complicated forms, this book is clear and easy to read. It meets its aims and for that it is to be
commended. Kerry Barker, St John's Chambers, Bristol Countryside
Law Edition:
4th 2004 Author:
Brian Jones, Julian Palmer & Angela Sydenham ISBN:
0721910637 Publishers:
Shaw & Sons Price
£23.95 Publication
Date: September 2004 This book in primarily written for the lay reader. However this is a useful reference book for
the enforcement and non-enforcement agencies and also any person interested in
countryside law. It does not however go
into great detail on any specific subject. In the police service it would be a useful book for use by
the Police Wildlife Crime Officers and general rural beat officers. Local Authorities and in particular
footpaths departments, planners and even highways departments, Forestry
Commission, and English Nature may find the book useful as an initial source of
reading. The contents should only be taken as a guide and the legislation in full referred
to where applicable. Habitat protection
and species protection run hand in hand, this book does cover the basics. A planning issue in a rural location can and
does lead to not only the need for possible habitat protection but species
protection as well, this publication will help. There are however some issues
in the book which are out of date and need addressing. Some of these are the definition of wild
birds. A
new Statutory Instrument (SI 2004 No. 1487), which came into force on 14 July
2004, means that a 'wild bird' as defined by the Act is now any species which
is ordinarily resident in or is a visitor to 'the
European Territory of any Member State' (of the EU). Previously,
'wild bird' only referred to birds which occurred in Great Britain. This brings
the WCA in line with the EC Birds Directive and makes it illegal to be in
possession in the UK of any eggs or birds of any species taken from the wild in
another Member State. The section on Endangered
Species needs updating and does not refer to the later amendments and additions
fully. The Endangered Species (Import & Export) Act 1976. This Act
was the United Kingdom's first legislation to give effect to the CITES
Convention, but it has been largely superseded by EC Regulations 3626/82 and
3418/83, and more recently by EC Regulations 338 and 939 of 1997.
Authors: David Chambers & Roger Butterfield
Publication Date: Jan
2006
Publisher’s Title
Information
Licensing applications have become increasingly
complex with the advent of the new licensing regime resulting from the
extensive Licensing Act 2003. The radical changes, which include licensing
authorities replacing magistrates’ courts as the grantors of licences, in
conjunction with the integration and modernisation of the various licensing
systems in England and Wales, have led to an intimidating Act of 9 parts, 8
schedules and 175 pages.
REVIEW
The
Act was substantially amended by Statutory Instruments 2677 and 2684 of
1996. SI 2677 removes import and export
controls on non-CITES species. SI 2684
removes from the Act import and export controls on CITES species which are now
implemented through the EC Wildlife Trade Regulation. This SI also removes the duplication between the Act and the
Regulation on the sale of certain species.
As
a result of these changes, the Act could no longer be used to implement the EC
Seals Directive. The Import of Seal
Skins Regulations 1996 (SI 1996 No 2686) now affects this by banning the import
of harp and hooded seal pup skins.
The
current legislation is once again under review and the amended version is due
out later this year. The listings that cover the species under CITES and the EC
Regulations have also been changed, in 2003 and a new set of listings are due
out in the summer of 2005.
Craig Fellowes
Environmental Crime Officer
Warwickshire Police
Garner's Local Land Charges
Garner’s
Local Land Charges
Edition:
13th
Author:
Jan E Boothroyd
ISBN:
072190128X
Publishers:
Shaw & Sons Ltd
Price
£29.95
Publication
Date: 2005
Publisher’s
Publicity Leaflet
For
over half a century, this renowned work has been a vital' reference source for
all local land charges officers and conveyancers ...
Now
completely revised
This
well known textbook indicates exactly what is required to be registered as a
local land charge and the appropriate part of the register for each charge, as
well as giving the effect of charges once registered. The maintenance of other
statutory local registers and preliminary enquiries of local authorities are
also covered.
The 13th edition maintains the 'user-friendly' format and refers to recent relevant legislation in relation to issues such as dedication of land, local authority grants and the Land Registration Act 2002. The book also reviews the status of Part 5 of the Local Land Charges Register.
In
addition to extending the information contained within the 'is it registrable'
chapters, the new edition has been updated throughout to include and reflect
recent developments in local land charges practice.
This
is definitely a book that no local land charges office (or conveyancer) should
be without. Complete the order form overleaf to ensure a copy is supplied
direct from the publishers without delay.
Contents
Introduction
1.
The Act, the Rules and the Register
2.
Computerisation
3.
What is a Local Land Charge?
4.
Breakdown of the Local Land Charges Register
5.
Searches and Certificates
6.
Performance Indicators; Code of Practice
7.
Introduction to Parts 1-12 of the Local Land Charges Register
8.
General Financial Charges (Part 1)
9.
Specific Financial Charges (Part 2)'
10.
Planning Charges (Part 3)
11.
Miscellaneous Charges (Part 4)
12.
Fenland Ways Maintenance Charges (Part 5)
13.
Land Compensation Charges (Part 6)
14.
New Towns Charges (Part 7)
15.
Civil Aviation Charges (Part 8)
16.
Opencast Coal Charges (Part 9) 17.
Listed Building Charges (Part 10)
18.
Light Obstruction Notices (Part 11)
19.
Drainage Scheme Charges (Part 12)
20.
Registration Errors and Compensation
21.
Other Statutory Registers of Local Authorities
22.
Supplementary Enquiries
23.
Registered Land
24.
Additional Items of Interest Table of Local Land Charges Appendices:
A.
The Local Land Charges Act 1975
B.
The Local Land Charges Rules 1977 C. Personal Search Guidelines
Index