Legal action over a community event which is set to go ahead in Stevenage this weekend has been threatened by Hertfordshire County Council (HCC).
Broadwater Day, a two-day festival in Shephalbury Park, promises fun for all the family on Saturday and Sunday, with children's rides and attractions, an outdoor cinema, craft fair, dog show, live music and street food.
The event is being organised by Longmeadow and Bragbury End Residents Group (LBERG), with James Smith at the helm.
HCC has warned Mr Smith that legal action will be taken if the event is not cancelled.
Having been instructed by Stevenage Borough Council (SBC), in a 'letter before action' seen by the Comet, a HCC lawyer explains that "the council considers the event as proposed, given the lack of planning and proper risk assessment, to be a potential risk to public safety".
He continues: "Following your late submission of the Event Plan and Risk Assessment, not received until July 24, the council wrote to you and identified key concerns. You were provided with a deadline date to respond to these issues and this deadline has been missed.
"The council has attempted to work with you in order to put the management plan and risk assessments into place to enable it to be satisfied that it is appropriate for the event to proceed.
"In the absence of such satisfaction, the council has advised that it will not provide authorisation and the event will have to be cancelled."
The council's "significant concerns" include insufficient public liability insurance, a lack of information on third parties set to carry out 'high risk activities' at the event, a lack of specific details of services and activities that will take place at the event and how they will be managed, and an absence of traffic and waste management plans.
Should the event go ahead without the council's permission, HCC warns it will breach byelaws, which may lead to prosecution, a criminal record and a fine.
It says the council will seek an injunction to stop the event taking place, if necessary, and will seek costs of making the application from Mr Smith.
Yesterday (August 19), the event was still being promoted as going ahead on the Stevenage Broadwater Day Group's Facebook page.
In response to HCC's legal letter, Mr Smith says his human rights have been breached due to unlawful surveillance and harassment, and unlawful restrictions on community activities.
He says he will consider taking legal action himself, calling on the council to "cease and desist from restricting community activities" and from "singling [him] out when the activities are run by an association".
LBERG had planned to hold a three-day event in June, but did not seek permission or a licence from SBC.
The day before the event was due to start, Mr Smith cancelled it, and a smaller, one-day Broadwater Day went ahead in August after SBC granted LBERG permission for it to be held.
Broadwater Day is a long-running community event, and was first held in 1971. After an almost decade-long hiatus, it was revived in 2019 by volunteers who are part of LBERG.
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