11/07/06 - No ball game signs Borough Council Policy

No Ball Games Signs

 

'No Ball Games' Signs - Borough Council Policy

We are often asked whether 'No Ball Games' signs can be erected.

This is a very common problem across the borough with complaints from both sides i.e. residents who want children to play where they can see them and those to whom it is a nuisance. The Council does occasionally put up signs where there is a Health & Safety risk to the children but even then there can be no enforcement which can actually cause more issues.

The current Borough Council policy is as follows:

Ball Games Nuisance on Public Open Space

Children of all ages have always played ball games on the nearest most appropriate area of land. The vast majority of games in Swindon take place without conflict but occasionally the site is inappropriate from an adult point of view. The Council has over many years actively encouraged safe ball games activity through the provision of open space and surfaced kick-about areas. Whilst this is a positive contribution to the problem, Members will be only too aware of the objections we receive from those residents adjoining such open spaces and play areas.

In September 1995, following a report from the No Ball Games Working Party, the Leisure Services Committee confirmed the current policy on Ball Games on public open space as:-

“(a) Not to erect ‘No Ball Games’ notices and (b) to consider each case individually encouraging local discussions where possible to alleviate specific problems or implement minor works if appropriate and in full consultation with local residents and Ward Members and other appropriate Committees and agencies”.

If ‘No Ball Games’ notices were erected with the support of a byelaw then the resources are not currently available to enforce it, as potentially the byelaw would need to cover literally hundreds of small areas of public open space. It should be noted that all byelaws must be reasonable and it is by no means certain that we would be allowed to introduce byelaws on all public open spaces. Even if we did have a byelaw and the resources to enforce it, it would not be possible to enforce it against anyone under the age of 14 due to the general legal presumption that anyone under that age does not have the necessary intention to commit a criminal offence.

If the current policy of not erecting ‘No Ball Games’ notices is continued together with implementing minor changes to deter ball games if it is desirable and practical, then the costs can be met from within existing resources. However, if it is decided that more extensive works should be implemented or that ‘No Ball Games’ notices should be erected and enforced, then the financial implications could be significant and cannot be met from within existing budgets.

It is the intention of Swindon Services to continue with the current policy of not erecting ‘No Ball Games’ notices but to still consider each case individually, encouraging local discussions with local residents and Ward Members to alleviate specific problems or implement minor works if appropriate.

Contact Officer: Martin Hambidge, Swindon Commercial Services
Tel: 464572 or e-mail: mhambidge@swindon.gov.uk

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