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Q519: Can ball games be legally played on a public road?


Answer

Aside from the legal issues it is not safe for children to play on roads. This can also cause a nuisance for lots of people in the area who are wary of driving down the street for fear of knocking over a child or getting their cars damaged.

Putting aside possible traffic or public order issues, it is an offence to play ball games on a public road if it is to the annoyance of road users. It is likely that ball games played on a public road will be to the immediate annoyance of road users.

It is also a breach of by-laws to play ball games to the annoyance of residents. By-laws are created by the local councils and may not apply to every street, there could be some designated as 'play streets' (and similar), where games are allowed, and the by-law may not exist at all in some towns.
If this is a problem in your street, then contact your local neighbourhood policing team who will be able to offer advice and assistance.

Related questions


Answer

It is possible that this type of behaviour may constitute harassment ,see the related questions in Related Information. However, it would probably be best if you first made contact with your local neighbourhood policing team who may be aware of other incidents and know the identity of the youths involved (if you don't). Police Community Support Officers are a valuable source of information.

The officers may be able to consider applying for civil injunctions or Criminal Behaviour Orders if the same youths are persistently causing a community problem with these types of nuisance activities.

These types of problems may not be solved straight away though, a lot of enquiries, research and observations may be required by both officers and members of the community in order to combat this anti-social behaviour.

It may be a good idea to keep a log of the incidents including the date, time and details of the incidents that have taken place, which may assist officers and local authority staff when investigating these matters.


Answer

No, by agreeing to have a Penalty Notice for Disorder (PND) and paying the fine you will not receive a criminal conviction. Accepting and paying the fine is not an admission of guilt but discharges the possibility of the creation of a criminal record.

The fact that you have been given a PND will be recorded on the Police National Computer, but it will not create a criminal record. The information is recorded for administrative purposes and to establish if a person has had more than one PND.

If a criminal records check is carried out it does not automatically mean that the PND would be disclosed. However, it could be referred to if the behaviour that led to the PND was linked with the reason for the check.


Answer

It is important for the police to obtain as much information as possible with regards to the details of the car/bike and also the driver/rider and passengers. You do not have to disclose your details to the police when making a report.

It is best to contact the police as soon as the cars/bikes arrive so that the police have a better chance of apprehending those responsible. You can report nuisance motor vehicles to your local police force via their 101 non-emergency number.

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Answer

If possible, in the first instance, we would suggest that efforts are made to speak with the children/parents of the children involved as it may be that they do not realise what is happening or that their actions are illegal. If this is not possible, then this behaviour can be reported to the police because it is an offence for anyone to throw, cast, fire or set fire to a firework in the highway, street, thoroughfare, or public place unless it is as part of an organised event by licensed professionals.

Additionally, it is an offence for a person under 18 to possess what is known as an adult firework; these are fireworks that fall into categories F2, F3 or F4.

Category F2 fireworks are fireworks which present a low hazard and low noise level and which are intended for outdoor use in confined areas.

Category F3 fireworks are fireworks which present a medium hazard, which are intended for outdoor use in large open areas and whose noise level is not harmful to human health.

Category F4 fireworks are fireworks which present a high hazard, which are intended for use only by persons with a specialist knowledge and whose noise level is not harmful to human health.


Answer

If  it is a one off incident then you should contact the police who, if possible, will try to attend and disperse the youths. The police now have powers to confiscate alcohol from youths in a public place, including open and sealed containers (subject to certain conditions).
 
If this is a persistent problem then it could be classed as anti-social behaviour and you should contact your local neighbourhood police officer(s) who will over a period of time collate the necessary evidence against the youths with a view for eventually obtaining civil injunctions or Criminal Behaviour Orders. Unfortunately, this will not happen overnight as the police and local council have to ensure that they have all the necessary evidence. 

As a member of the public you could greatly assist the police by keeping your own diary of the behaviour. Ensuring that you record as much details as possible, including times, dates, types of behaviour, names and/or descriptions.

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Question

Q519: Can ball games be legally played on a public road?


Answer

Aside from the legal issues it is not safe for children to play on roads. This can also cause a nuisance for lots of people in the area who are wary of driving down the street for fear of knocking over a child or getting their cars damaged.

Putting aside possible traffic or public order issues, it is an offence to play ball games on a public road if it is to the annoyance of road users. It is likely that ball games played on a public road will be to the immediate annoyance of road users.

It is also a breach of by-laws to play ball games to the annoyance of residents. By-laws are created by the local councils and may not apply to every street, there could be some designated as 'play streets' (and similar), where games are allowed, and the by-law may not exist at all in some towns.
If this is a problem in your street, then contact your local neighbourhood policing team who will be able to offer advice and assistance.


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