Byelaws - Eldon Square Development Walkways
The City Council of Newcastle upon Tyne (Eldon Square Development) Walkway Byelaws 1984
The City Council of Newcastle Upon Tyne, in exercise of the powers conferred on them by Section 35 of the Highways Act 1980, and all other powers enabling them in that behalf, hereby make the following Byelaws:-
Interpretation and Citation
1. (1) In these Byelaws:-
"balustrade" means any balustrade, barrier, fence or railing but does not include any wall;
"building owner" has the meaning given to that expression in the Walkways Regulations 1973;
"the Council" means the City Council of Newcastle upon Tyne;
"intoxicating liquor" includes spirits, methylated spirits, wine, beer, shandy, cider or perry, or any other fermented or spirituous liquor;
"invalid carriage" means an invalid carriage, as defined in section 20 of the Chronically Sick and Disabled Persons Act 1970, complying with the requirements, and being used in accordance with the conditions, prescribed by the Use of Invalid Carriages on Highways Regulations 1970;
"vehicle" means any vehicle whether mechanically propelled or not, but does not include an invalid carriage, a pedestrian-operated trolley used for carrying good or merchandise to and from any premises in the Eldon Square Development or a perambulator for a child;
"the walkways" means any part of those ways dedicated as footpaths in accordance with section 35 of the Highways Act 1980 and specified in the walkway agreement;
"the walkway agreement" means an agreement dated 1st February 1977 and made between the Council, Capital and Counties Property Company Limited and Combined Petroleum Company Limited in relation to certain land and premises commonly know as the Eldon Square Development; and
"the Walkways Regulations" means the Walkway Regulations 1973; SI 1973 No. 686 as amended.
(2) In proceedings for an offence under Byelaws 3(1) it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(3) Nothing in these Byelaws shall make it unlawful for any action to be done if that act is being done -
(a) by or with the consent of an Ambulance Officer, Fire Officer, Police Constable or a member of the Army Bomb Disposal Unit in the execution of his duty;
(b) by a person in the service of a council, statutory undertaking, sewerage authority or British Telecommunications in pursuance of the walkway agreement or of statutory powers or duties;
(c) by or with the authority of the building owner, or lessee or sub-lessee of the building owner, in accordance with the walkway agreement of the Walkways Regulations;
(d) by person who is required to do that act in, on, over, under or to the walkways in pursuance of a statutory requirement or of a notice served under such a requirement; or
(e) by a person in accordance with Regulations made under the Police, Factories etc (Miscellaneous Provisions) Act 1916.
(4) These Byelaws may be cited as the City Council of Newcastle Upon Tyne (Eldon Square Development) Walkway Byelaws 1984.
2. No person shall, when on the walkways -
(1) behave in a disorderly manner;
(2) spit or urinate;
(3) tout or importune;
(4) distribute any book, magazine, newspaper, handout, leaflet, tract or other similar paper;
(5) display any advertisement, bill, notice, placard or advertising board;
(6) play or cause to be played a musical instrument unless having first obtained the written consent of the Council;
(7) use any cassette - or record player, loudspeaker, radio, tape-recorder, television or other similar apparatus so as to give any person reasonable cause for annoyance.
Provided that this byelaw shall not apply to prevent (i) the use of any such apparatus by any security officer employed by the Capital and Counties Property Company Limited (ii) the use of the permanent installations of the Eldon Square Development for broadcasting music;
(8) consume any intoxicating liquor;
(9) drop or throw any litter except in a receptacle provided for that purpose;
(10) climb or sit on any balustrade;
(11) obstruct intentionally an Officer of the Council in the execution of his duty.
3. No person shall -
(1) cause permit any dog, cattle, goat, ass, horse, mule, pony, pig or sheep belonging to him or under his control to enter or remain on the walkways provided that this Byelaw shall not apply to a blind person accompanied by a guide dog or to a deaf person accompanied by a dog trained to act as a hearing aid;
(2) permit any dog belonging to him or under his control to foul any walkway;
(3) take or cause to be taken on to the walkways, or use or cause to be used on the walkways, any vehicle, provided that this Byelaw shall not apply to a person driving a motor vehicle on the walkways contrary to Section 36 of the Road Traffic Act 1972;
(4) use or cause to be used on the walkways any roller skate skateboard or other similar device.
4. No member of the public shall enter or be upon any part of the walkways at any time when that part of the walkways is closed pursuant to Regulation 5 of the Walkways Regulations.
5. No person reasonably suspected by a Police Constable or authorised Officer of the Council of contravening any of these Byelaws shall fail to give on demand his name and address to the Police Constable or Officer of the Council.
6. Any person offending against any of these Byelaws shall be liable on summary conviction to a fine not exceeding £50.
7. The Byelaws for the Walkways of Eldon Square Development made by the Council of the City of Newcastle upon Tyne under Section 18 of the Highways Act 1971 on 23rd November 1979 and confirmed by the Minister of Transport on 16th January 1980 are hereby revoked.
The Common Seal of the Council of the City of Newcastle upon Tyne was hereunto affixed this 26th day of November 1984 in the presence of:
N. Stockdale, Lord Mayor
R. A. Stevenson, Assistant Director of Administration
The foregoing byelaws are hereby confirmed by the Secretary of State for Transport and shall come into operation on 1st December 1985.
Signed by authority of the Secretary of State
N.T. Rees, An Assistant Secretary in the Department of Transport
24th October 1985
(This is not part of the Byelaws)
Regulation 5 of the Walkways Regulations 1973, to which Byelaw 4 refers, provides that the walkways, or any part of them, may be closed -
(a) periodically, at such times as are specified in the walkway agreement, and
(b) temporarily, where the closure is necessary for the carrying out of building or repair works.
The walkways agreement provides that the walkways shall be closed to the public on Sundays, public holidays any other days on which all shops in the Development are closed to business, such additional times on any day and to such purposes during those additional times as any part of the walkways agreement may from time to time direct and between the hours of 7pm and 8am Monday to Saturday. Any unauthorised member of the public who is upon the walkways, or any part of them, when they are so closed, or when they are temporarily closed for building or repair works, is committing an offence against the Byelaws.