TranslateThis guide outlines how the council deals with public processions and, in particular, what role licensing has in that process. It should be read in conjunction with our standard conditions. It does not decide the outcome of any particular procession notification or complaint. Each procession has to be considered on its own facts.
1. Definition of a public procession
A public procession is usually a march, parade, walk or similar moving event which takes place in public and follows a route. It can include an assembly point before the procession starts and a dispersal point after it finishes.
Public processions can be organised for many different reasons, including cultural, religious, political, charitable, commemorative or community purposes. The council must deal with all peaceful processions fairly and neutrally, regardless of the organiser, cause, tradition or message involved.
A public procession is not treated like an ordinary licence application. The organiser does not ask the council for permission in the usual licensing sense. Instead, the organiser gives statutory notification to the council and Police Scotland of what they propose to do.
Notification is normally required at least 28 days before the procession. Shorter notice can sometimes be accepted where the law allows it, but the ordinary expectation is that notice should be given in advance so that the council, Police Scotland and other relevant services can consider the arrangements.
2. The licensing process
Licensing receives and processes the notification. The purpose of the process is to allow peaceful processions to take place safely, while considering the impact on residents, businesses and the wider community. It is a balancing exercise, not a simple approval/refusal process.
Step 1 - the organiser gives notification
The organiser sends a public procession notification to the council. This should include details such as the date, time, route, start and finish points, estimated numbers, organiser details and control arrangements.
Step 2 - Licensing checks and records the notification
Licensing checks that the notification has been received and records the details. This is not the same as granting a licence or approving every part of the wider event arrangements.
Step 3 - Police Scotland and North Ayrshire Council Roads are consulted
Police Scotland consider the proposed route, timing, public safety, public order and operational implications. Their view is important, particularly where there are concerns about safety, disorder, traffic, access or policing arrangements. In addition, North Ayrshire Council Roads consider the route involved with the procession.
Step 4 - other council services may be involved
Where the procession raises practical issues, other council services may be notified for their information. This may include Events, Protective Services, Waste, Estates or other services.
Step 5 - concerns or changes are discussed
If concerns are identified, they are usually discussed with Police Scotland, the organiser and other relevant services. This may lead to practical changes, mitigation or additional arrangements.
Step 6 – an acknowledgement letter is issued or the matter may need further formal consideration
Where there is no basis for further action, Licensing issues the relevant acknowledgement letter with the standard conditions. Where the legal test for conditions or prohibition may be met, the matter may need further formal consideration.
3. Why the council cannot simply approve or refuse a procession
Public processions sit within a statutory and human rights framework. Peaceful assembly is protected by Article 11 of the European Convention on Human Rights. Depending on the nature of the procession, freedom of expression under Article 10 may also be relevant.
Those rights are not absolute. The council can impose conditions or, in exceptional cases, prohibit a procession. However, any restriction must be lawful, necessary and proportionate.
This means the council must start from the position that peaceful processions should be facilitated where possible. The council can manage risks and disruption, but it cannot restrict a procession simply because it is unpopular, politically sensitive, inconvenient, or because people disagree with the organisation, tradition, cause or message.
The same legal principles apply to all peaceful processions. The council must act neutrally and consistently.
4. When conditions or prohibition may be applied
Public processions involve protected rights. The starting point is that peaceful processions should be facilitated where possible. The council therefore has to be careful before placing restrictions on a procession.
The council cannot restrict or stop a procession simply because it is unpopular, causes inconvenience, is politically sensitive, or because people disagree with the organiser, tradition, cause or message. The council must act fairly, neutrally and consistently when considering all peaceful processions.
That does not mean that no action can ever be taken. The council can consider conditions or, in exceptional cases, prohibition where the legal test is met. Any restriction must be lawful, necessary and proportionate, and must be based on the facts of the particular procession.
Relevant matters can include:
- public safety
- public order
- damage to property
- disruption to the life of the community
- the burden placed on Police Scotland
- previous conduct of the organiser or participants, where relevant
Some temporary disruption is likely with any public procession. The legal question is not whether there will be any inconvenience at all, but whether the level of disruption or risk justifies a lawful, necessary and proportionate restriction.
Before the council considers formal conditions or prohibition, Police Scotland must be consulted and their views are an important part of the assessment. Police Scotland’s view is not the only matter the council can consider, but it will usually be particularly important on public safety, public order, route management and policing issues.
5. What licensing does and what is dealt with separately
A lot of concerns about processions are understandable, but not all of them are dealt with by Licensing. Licensing deals with the notification process and helps apply the legal rules around public processions. Other practical or operational issues may be better dealt with by other council services, Police Scotland, the organiser, landowners or other agencies.
What licensing does
- Receives and processes the public procession notification.
- Records the notified route, date, time, estimated numbers and organiser details.
- Consults Police Scotland and Roads as well as considering whether the legal test for conditions or prohibition may be met.
- Issues the relevant acknowledgement letter and standard conditions.
- Helps explain the legal rules around public processions.
What is dealt with separately
- Event management on the day.
- Road closures, traffic management, coach parking and access arrangements.
- Use of council land, parks, private land, staging or structures.
- Clean-up, waste, toilets, medical cover or stewarding.
- Compensation claims, private land disputes or property damage claims.
6. Costs, clean up and payment
Public processions are dealt with through a notification process. This is different from booking a council venue, applying for a licence or requesting a specific council service.
Where a procession involves separate arrangements, such as use of council land or facilities, waste arrangements, traffic management, stalls, staging or other event-related matters, those issues may be considered separately by the appropriate council service.
Concerns about litter, damage or clean-up after a procession can still be raised with the council. Where appropriate, these may be considered as part of future discussions with the organiser and other services.
7. Contacts
The right contact depends on the nature of the concern. The table below is a general guide.
| Concern | Usually best placed to deal with it |
|---|---|
| Immediate disorder, threatening behaviour, obstruction or urgent safety concerns | Police Scotland |
| Route, timing, start point, finish point or the public procession notification process | Licensing with Police Scotland input (where appropriate) |
| Road closures, parking, coach parking, traffic management, access over roads or footways | Roads/Police Scotland/event or operational colleagues |
| Litter, waste or clean up after a procession | Waste or Streetscene (depending on the arrangement) |
| Use of council land, parks or facilities | Estates or Events (depending on the land or facility) |
| Use of private land, property damage or compensation claims | Landowner/organiser/insurance or claims process/Police Scotland (where appropriate) |
| Food vans, stalls or trading | Licensing and/or Environmental Health (depending on the issue) |
| Noise, public nuisance or environmental health concerns | Environmental Health/Police Scotland (depending on the nature and timing of the concern) |
8. Raising concerns: before, during and after a procession
Although there is no formal objection process equivalent to a licence application, concerns are not pointless. Concerns and evidence can still be useful, particularly where they identify specific safety, access, traffic, disorder, damage or recurring conduct issues.
Before the procession
If you know about a proposed procession and have specific concerns, raise them as early as possible with the council service referred to in the table in section 7 or Police Scotland.
During the procession
If there is an immediate public safety issue, disorder, threatening behaviour, obstruction or criminal conduct, contact Police Scotland. Licensing does not manage the procession on the day.
After the procession
If you are making a complaint afterwards, provide the date, time, location, what happened, whether Police Scotland were contacted, any photographs or video where available, and what outcome you are seeking. This helps the council identify which service should respond and whether the issue is relevant to future planning. Please direct the issue to the council service as per the table in section 7 above.
9. Common practical issues
Many concerns around processions are practical rather than issues for Licensing. These matters can still be important, but they may need to be dealt with by the appropriate operational service.
| Issue | How it is usually considered |
|---|---|
| Resident access | Considered as part of operational planning with Police Scotland, Roads and other relevant services. Some temporary disruption may still occur. |
| Emergency access | A key safety matter. Police Scotland should consider how emergency access will be maintained. |
| Coach parking and drop-off points | Usually considered as part of traffic and event planning. This is considered through traffic/event planning rather than by Licensing alone. |
| Toilets and welfare arrangements | Usually part of wider event planning or organiser arrangements, particularly where large numbers are expected to gather. |
| Clean up and litter | May involve the organiser and other council services such as Streetscene or Waste. Recurring problems may be relevant to future engagement and planning. |
| Use of parks or council land | May require separate consideration by Estates. Licensing does not authorise land use. |
| Private land | Licensing cannot authorise use of private land. Any dispute over private land is separate from the procession notification process. |
10. Public entertainment licence and street trading issues
A public procession is not automatically a Public Entertainment Licence (PEL) event. The procession itself is dealt with under the public procession provisions of the Civic Government (Scotland) Act 1982.
A separate PEL issue may arise only if there is a separate public entertainment activity which falls within the council’s current PEL resolution. Examples could include a separate open-air concert, fairground, staged performance or other licensable entertainment activity.
The presence of a stage, flags, speeches, bands connected with a procession, toilets, first aid, food traders or stewards does not automatically mean a PEL is required. The activity must be checked against the current PEL resolution, which is available on our entertainment licences page.
Food vans or other traders may raise separate street trading, food safety or land permission issues. Those issues should be considered separately from whether the procession itself can proceed.