City council seeks injunction to ban street cruising
Birmingham City Council is seeking a High Court order to ban street cruising from all city roads, with an interim application to be heard in the Royal Courts of Justice in London next week (20 Dec)
If successful this interim injunction will prohibit people from participating in, which includes spectating, at a street cruise in Birmingham.
Anyone breaching the order could be arrested and face up to two years in prison, a fine, or have their assets seized.
Last week (14 December 2022), the court gave the council permission to serve by alternative means.
The full terms of the injunction, power of arrest, applications for alternative service and interim injunction, documents and evidence can be found at on the council's website at https://www.birmingham.gov.uk/streetcruiseapplication2022.
Cllr John Cotton, Cabinet Member for Social Justice, Community Safety and Equalities, said: “Street cruising is dangerous as well as being a nuisance for law-abiding citizens.
“By working with our partners at the police on applying for this injunction, we have shown we understand and share the continued concerns raised by many residents, about this anti-social and life-threatening behaviour.
“Past court action shows that we won’t hesitate to ensure justice is served upon offenders, who have no excuse for their actions. There are plenty of lawful ways to exhibit and demonstrate their vehicles – but our roads are not the place for it.”
The hearing will also consider an application led by Wolverhampton City Council on behalf of local authorities in the Black Country.
In the event of any further hearings, anyone wanting to take part in those should file an acknowledgement of service – a form to show individuals wish to take part - by 4pm on 20 January 2023.
The council’s contact details are: Birmingham City Council Legal and Governance, PO Box 15992 B2 2UQ quoting ref LS/CSY/HM/150673. Alternatively, call 0121 303 2808 or send an email to HousingLitigationTeam@birmingham.gov.uk
Although the application for this order has been made by Birmingham City Council, officers from West Midlands Police will be responsible for its enforcement.
If anyone sees any street cruising taking place, they should contact police via Live Chat at west-midlands.police.uk between 8am and midnight, call 101 anytime or 999 in an emergency.
Notes to editors:
The hearing to consider the application for an interim injunction will be heard at the Royal Courts of Justice, on The Strand, London, at 10.30am.
What is street cruising?
- “Street cruise” means a congregation of the drivers of two or more motor vehicles (including motor-cycles) on the public highway or at any place to which the public have access within the city of Birmingham, at which any person, whether or not a driver or rider, performs any of the activities set out at paragraph 2 below so as, by such conduct, to cause any of the following:
(i) excessive noise;
(ii) danger to other road users (including pedestrians);
(iii) damage or the risk of damage to private property;
(iv) any nuisance to another person not participating in the car cruise.
- The activities referred to in paragraph 1, are:
(i) driving or riding at excessive speed, or otherwise dangerously,
(ii) driving or riding in convoy;
(iii) racing against other motor vehicles; 3.
(iv) performing stunts in or on motor vehicles;
(v) supplying or using illegal drugs;
(vi) urinating in public;
(vii) shouting or swearing at, or abusing, threatening or otherwise intimidating another person;
(viii) obstructing the highway or any private property.
Participating in a street cruise
3. A person participates in a street cruise whether or not he is the driver or rider of, or passenger in or on, a motor vehicle, if he is present and performs or encourages any other person to perform any activity, to which paragraphs 1 and 2 above apply, and the term “participating in a street cruise” shall be interpreted accordingly.