A Section 35 dispersal zone is in force around Drumsheds and the wider local area from noon on Saturday 3 October until noon on Sunday 4 October. The 24-hour measure has been authorised in connection with a large-scale event, with the stated aim of helping to prevent anti-social behaviour and reduce disruption for residents, businesses and visitors.
Officers are due to be present in the area throughout the period. People going to the event have been asked to plan their journey, act responsibly and remain mindful of the surrounding community. The public notice does not set out a street-by-street boundary, describing the covered place as the area around Drumsheds and the wider local area.
What the power does — and does not — mean
A Section 35 zone is not a blanket instruction for everybody in the area to leave. It gives uniformed officers a power to issue an individual direction when the legal conditions for doing so are met. The purpose is preventative: it can be used to remove or reduce the likelihood of harassment, alarm or distress, or crime and disorder.
Before giving a direction, an officer must have reasonable grounds to suspect that a person’s behaviour has contributed, or is likely to contribute, to those outcomes. The officer must also consider that directing the person to leave is necessary to remove or reduce that likelihood. Simply being near the venue or travelling through the locality is not, by itself, the legal test.
When a direction is issued, it can require a person to leave all or part of the specified locality and not return for a stated period. It should identify the area concerned and may specify when and how the person must leave, including a route. A direction is normally given in writing unless that is not reasonably practicable. Officers should also tell a recipient that failing to comply without a reasonable excuse is an offence.
Two separate time limits
The designation of the Drumsheds zone lasts for 24 hours, ending at noon on Sunday. That is distinct from the length of an individual direction. Under Section 35, an exclusion period set for a person can be up to 48 hours, although it cannot be extended beyond that maximum. The different limits mean the public notice’s 24-hour window should not be confused with the terms that might be set in a particular direction.
Police have said the measure is intended to minimise disruption during the large-scale event, rather than describing it as a response to a specific incident. The announcement makes no suggestion that all attendees or local people are suspected of wrongdoing. The focus is on giving officers a targeted option if it becomes necessary to prevent anti-social behaviour or disorder.
Advice for the weekend
Those attending should allow time for their journey and expect a visible police presence around the venue and in the surrounding locality. People who are given a direction should read it carefully, follow any requirement about leaving the area or route, and comply promptly unless they have a reasonable excuse. Anyone uncertain whether their route falls within the zone can seek clarification from officers in the area.
For residents, businesses and visitors, the practical effect is likely to be increased police activity during the 24-hour period. The measure is temporary and is due to end at noon on Sunday. Its use will depend on circumstances encountered by officers on the ground and on the statutory tests that apply to each individual direction.
