TNAG-0081-FCO40-117-Public-Order-legislation-1968 — Page 65

of the condition of the licence and the meeting is deemed to be an

unlawful assembly. This appears to us wholly unreasonable. We

think the words "save with reasonable excuse" should be inserted.

// The additional requirement that the licensee should be

responsible for the maintenance of public order for an hour after

the final dispersal of the meeting seems at least difficult to

justify. When it is seen that there is no restriction whatever on

the directions which may be given (and given by any police officer)

so long as they are for ensuring the maintenance of public ar der

the lot of the licensee is indeed an unahppy one. We suggest that

he should be required to comply only with "reasonable directions".

As at present advised we do not think he can fairly be required to

comply with any directions after the final dispersal of the meeting

but if the section be amended so that the directions have to be

reasonable then it is possible that that would give him sufficient

protection.

Section 11

ction

12. In sub-seД(2) there arises the same objection as in

3.3: the word "reasonably" should be substituted for "in his

opinion". Particularly having regard to the blanket indemnity

conferred by s. 53 this would still give ample protection to any

police officer. The und e sirability of the existing wide discre-

tion is high-lighted by the fact that "any gathering ... of persons

whatsoever and wheresoever" may be dispersed under this provision.

This would include a peaceful gathering of employees outside a

factory on the occasion of a lock-out, a situation which can

possibly lead to a breach of the peace although not necessarily

likely to do so. We are disturbed at the possible effect this

provision in particular and the other provisions in general may

have on the trade union movement.

5.

5