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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I would like to know if it is legal , nightclubs in central

Resolved Question:

Hello,
I would like to know if it is legal for restaurants, nightclubs in central London to place traffic cones outside their establishments on public roads to reserve parking exclusively for their clients.
Thank you
Submitted: 12 months ago.
Category: Law
Expert:  Jo C. replied 12 months ago.

Are there any restrictions at the location?

Customer: replied 12 months ago.
Usually they are single yellow lines where one is allowed to park in the evening, but the nightclubs place traffic cones to prevent people from parking accept if they are clients of the establishment. I would like to know if there are ever situations when this can be lawful and they have a right to reserve parking on a public road for their clients.
Expert:  Jo C. replied 12 months ago.

They shouldn't do that obviously.

That is just plain obstruction of the highway.

however, the reality is that the police tend to be slow to prosecute pedestrians and other members of the public for this offence largely because they are too busy mediating relationships squabbles that we euphemistically call 'domestic abuse'.

Expert:  Jo C. replied 12 months ago.

But they can't obstruct a public highway in this way if you are asking me about academic law.

Expert:  Jo C. replied 12 months ago.

Can I clarify anything for you?

Jo

Customer: replied 12 months ago.
I read online that there are cases where establishments, be they nightclubs, hotels etc, can be given permission by the council to do it. Could this be the case?
Expert:  Jo C. replied 12 months ago.

Well, yes they could get restrictions placed there but they haven't done it.

They would have to meet the critieria. It is not just for the asking.

Customer: replied 12 months ago.
I take it if they have had restrictions placed, there would be signs showing this. If there are no signs and it is just a single yellow line, then I can just move the traffic cones and park there as they have no legal right to prevent me from doing so.
Expert:  Jo C. replied 12 months ago.

Yes, there would have to be. Otherwise the restriction would not be enforceable.

Expert:  Jo C. replied 12 months ago.

I suppose in legal theory it is possible that they have a restriction which isn't signed so they couldn't enforce tickets against anybody else but couldn't themselves be prosecuted for obstructing but that is not really realistic.

Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
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