Advice to Councils
The best councils do not make any charge for temporary road closures for small street parties, even when there is no national event such as a jubilee etc. Even a small charge puts residents off and should be avoided.
If councils want to charge, perhaps as a result of privatising their highways' services, they can follow Southampton's example of arranging batch closing dates and to funding the shared charge amongst closures - see here.
There used to be a problem with charges due to regulations and unnecessary advertising of road closure orders. But as a result of Streets Alive's long campaign the Government removed this problem.
Also, the Department of Transport has written to councils (download the letter) saying that:
"..for most small organised street parties that don't affect the wider road network, there is no requirement in law for local authorities to advertise proposed closures or carry out consultations. Neither are specific signs or other traffic management equipment required. Local authorities should act proportionately, wisely, and in the public interest - and highways law does not stop them doing that".
This provides ample support for authorities to avoid charges to residents. Even a £50 charge is a total show stopper for less well off communities, and can dampen the goodwill of better off communities. And small charges would in any case provide insignificant income to councils.
Councils need to make a simple decision about whether they support residents' street parties or not. Charges mean there will be very few; no charges mean that these important community building events are at least possible. Streets Alive has a model road closure system - ask us for a copy.
Street parties should not be confused with larger community festivals with budgets and complex arrangements. Street parties referred to here are private events limited to the residents and without external publicity. Nor are they usually held in busy roads and so there are few traffic implications.
Street parties are powerful social events as most residents attend, mixing all ages and backgrounds, and the events are usually self-organised and funded and usually quite low key. They are usually low risk events to the residents and to councils.
Keeping Procedures Simple and Cheap
Council road closure teams have a key role to play. Though building communities is not their main task, they are often the first contact and their procedures are critical in supporting residents to make the necessary arrangements.
Streets Alive assisted the Government in drafting a simplistic form of model application system.
Streets Alive has identified Best Practice on road closures in the UK and includes:
- Simple and accessible road closure application form eg on your council website.
- Use the Town & Police Clauses Act 1847 if you can as it enables flexible.
- Standardised Traffic Regulation Order procedure limiting time spent by officers.
- Temporary road closure notices are placed on the internet instead of placing advertisements in the local press.
- No charges for the road closure service.
- Low officer time by requiring residents to consult neighbours, and even the police, fire and ambulance services, and to display the order.
- Require residents to provide, erect and supervise road signs and barriers. Suggest where they may borrow signs, or hire or even buy them for future use.
- Provide information about and signposting to other relevant council services such as licensing.
- Also, normally a street party would not require a Temporary Event Notice as usually nothing is being sold and any 'performance' is incidental to the event.
There can be updates on this in our news.
Public Liability Insurance
Streets Alive appeals to councils/Highways Authorities to NOT require a blanket Public Liability Insurance as the risks of liability to the Council or Highways Authority from a small street party are very low.
The cost of insurance is a block for residents, though they may choose to purchase it themselves, usually at a low level of cover such as only £1million. £5m commonly demaned would cover 2 deaths and resurfacing of the road, which is very unlikely! and so cannot be justified. Larger public events where the risk of liability is higher would, however, need full insurance cover.
Instead, the council can indemnify itself using conditions and disclaimer clauses, for example on a road closure application form, making clear the requirements and responsibilities of the residents. A Best Practice Example is shown below.
See our more detailed guidance on this issue.
Streets Alive has developed a model road closure application form based on examples from around the country. Contact us for a copy of it or advice.
It is based on Bristol City Council which uses the Town Police Clauses Act 1847 for about 150 events a year. They make a clear distinction from public events and their simple application form is downloadable from their website.
It requires only 6 weeks notice and they do not charge residents as each application takes less than an hour of officer time. They provide notices about road closures on the internet. They only recommend Public Liability Insurance and cover the indemnity issue by using a strongly worded indemnity clause in the application form.
Important note: This guidance note is to help councils to consider their procedures, but it is not intended to
constitute a complete list of organisational arrangements, responsibilities or liabilities for the planning of a
street party or event. Streets Alive Ltd. recommends that professional advice is sought if councils or organisers
are in any doubt and does not accept responsibility for any event it is not directly involved in organising.