Public Order Act 2009 · 2020 Revised Edition · Part 4 · Powers to Preserve and Maintain Public Order
35. When power applies to behaviour
Feedback & supportSubject to this section, a police officer may exercise a power under section 36 in relation to any person at or near a regulated place if the police officer reasonably suspects the person’s behaviour —
is or has been interfering with trade or business at the place by obstructing, hindering or impeding someone entering, at or leaving the place;
is or has been disorderly, indecent, offensive, or threatening to someone entering, at or leaving the place;
is or has been disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place; or
shows that he or she is just about to commit an offence or has just committed or is committing an offence.
If the regulated place is a public place, subsection (1) applies in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1)(a), (b), (c) or (d) in the part of the public place at or near where the person then is.
public place
“public place” means —(a)any place (open to the air or otherwise) to which members of the public have access as of right or by virtue of express or implied permission, whether or not on payment of a fee, whether or not access to the place may be restricted at particular times or for particular purposes, and whether or not it is an “approved place” within the meaning of the Public Entertainments Act 1958; or(b)a part of a place that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public;
Subsection (1)(a) applies to premises used for trade or business only if the occupier of the premises complains about the person’s behaviour.
occupier
“occupier”, in relation to a special event area, includes the event organiser of the special event at that special event area;
To avoid doubt, subsections (1)(a) and (3) do not limit subsection (1)(b), (c) and (d).