Repost of Evan Smith’s highly recommended blog Hatful of History, originally posted 31 December 2016.
Evan (@Hatfulofhistory) is an Australian-British academic interested in history, politics and criminal justice issues mostly related to activist and leftwing past and alternative scenes.
The policing of house parties is of interest for the history of the undercover policing, because the roots of the #spycops units are in the policing of travellers, a scene that had quite a bit of overlap with free party one. The papers Evan saw did not contain any reference to the Northern or the Southern Intelligence Unit though.
We may have to go the the National Archives to see the none digitised files for that.
The latest round of papers from the Prime Minister’s Office have been released, relating to the final years of Margaret Thatcher’s government in 1989-90. While files on several topics have been opened, this post will look at the file dedicated the policing of ‘acid house parties’ (also known as raves) in 1989.
As I’ve mentioned elsewhere, the phenomenon of acid house swept across the UK in the mid-to-late 1980s and while a number of clubs, such as the Hacienda in Manchester and Shoom in London, attracted large crowds for their club nights, raves exploded into open areas that were typical venues – warehouses, fields and other places left vacant by Thatcherism. For a number of reasons, including the noise generated by these parties and the use of drugs, these raves started to draw the ire of the police and of the authorities. One briefing note stated that the ‘main problem with acid house parties is the nuisance caused by the noise’ and curiously, stressed ‘[d]rugs are not the main issue’. In a letter to the Leader of the House of Commons, Sir Geoffrey Howe, the new Home Secretary David Waddington wrote that there was also a concern that ‘criminal elements [were] becoming involved’. This concern, ‘coupled with the need to reassure the public that the existing law can be made effective’, Waddington argued, required a new approach. He also noted that 223 parties had been held in London and the South East in 1989, with 96 stopped by the police and another 95 prevented from going ahead.
And so, after a localised and haphazard response by local councils and the police, in late 1989, the Thatcher government proposed a co-ordinated and nationwide effort to clamp down on these ‘illegal’ parties. The aforementioned briefing note outlined that there were four ways to combat these parties:
- Under the licensing law that governs public entertainment;
- Under Section 14 of the Public Order Act 1986;
- Under the common law powers available to the police to prevent public disturbances;
- Under the Control of Pollution Act 1974.
The note stated that all indoor events were subject to licensing laws (particularly the Local Government (Miscellaneous Provisions) Act 1982), irrespective of venue, and that in some cases, outdoor events were also subject to licensing laws, depending on the local authorities. However the largest problem for regulating raves through this mechanism, operated by the local councils, was that ‘most organisers of acid house parties are flouting the law by not applying for a licence’. A report produced by the Association of District Councils explained the authorities had tried to prosecute party organisers under the 1982 Act in the past, but there were many ‘practical difficulties’ with the legislation. This report suggested that a ‘national code of standard conditions’ be drawn up, similar to the code of practice for music events that had previously been established by the Greater London Council. Interestingly the same document also mentioned that it might be pertinent to take into account the recent report by Lord Justice Taylor into the Hillsborough Disaster.
All involved in this discussion felt that one of the key reasons that the organisers did not seek to obtain licenses for their events was that the penalty was far too low – a £2000 fine and/or up to 3 months in prison. In his letter to Howe, Waddington wrote that the penalties were ‘so relatively light that the organisers of these very profitable acid house parties can afford to ignore the law’. Waddington proposed fines be raised to £20,000 and a possibility of up to 6 months imprisonment, commenting that the Association of Chief Police Officers supported these stricter penalties.
One of the problems facing the authorities was that because these raves could be held in any kind of space, trying to police them was difficult. As mentioned above, indoor events were subject to licensing laws, but outdoor events weren’t always covered. For the police, indoor gatherings were not specifically within their remit, but outside assemblies were, under the Public Order Act 1986. An extension of the Public Order Act to include indoor assemblies was considered ‘contentious’ and at this stage, looked like legislative overkill (although similar legislation was eventually passed in 1994 to combat outdoor raves with the Criminal Justice and Public Order Act).
In a letter from Home Office official Peter Storr to Margaret Thatcher’s Personal Secretary Andrew Turnbull, he noted that the police were ‘generally relying on their common law powers to prevent a breach of peace’ and that in the past, the police had ‘been able to persuade organisers to pack up voluntarily’. Furthermore, they had ‘on occasion seized sound equipment on the grounds of preventing a breach of the peace’. The aforementioned briefing note acknowledged:
Strictly speaking the police have no power to intervene to stop a party purely on grounds of noise. But if they receive complaints about the noise, they can intervene using common law powers.
However it was argued that the police were often reluctant to intervene in this way, due to the following two reasons:
- mainly to the sheer numbers involved in some of the parties – the risk would be too great;
- slight nervousness about relying on common law powers alone – this leaves them open to challenge.
It was believed that what was required were greater police powers ‘to act in flagrant cases’ immediately and at the time of night when these parties were occurring. Turnbull wrote to Carolyn Sinclair in the Home Office saying, ‘It will not be sufficient to give local authorities extra powers if they are not around at 3am to enforce [licensing laws]’. The Association of District Councils also called for the police to be given greater powers ‘to seize and remove and apparatus or equipment’ being used by party organisers.
While the primary problem with acid house parties was identified as the public nuisance caused by the excessive noise generated by these parties, the legislation dealing with noise pollution, the Control of Pollution Act 1974 was deemed ‘inadequate to deal with these parties’. It was noted that noise nuisance was a civil offence and the legislation was aimed at factories and other industrial sites, rather than outdoor events. Thus ‘remedy through the courts [was] slow’. The Department of Environment pushed to make noise nuisance a criminal offence, but Turnbull advised the Home Office that Thatcher was ‘doubtful whether greater use of the Control of Pollution Act would be effective as the need was for action at short notice outside working hours.’
Alongside greater penalties under the licensing laws and more explicit powers to allow the police to break ‘illegal’ raves, one of the key proposals made by the Home Office and other agencies was to establish powers to seize profits from party organisers. Powers to seize the proceeds of crime already existed under schedule 4 of the Criminal Justice Act 1988 (with a minimum of £10,000 to be confiscated after conviction), and Waddington suggested to Howe that this legislation could be easily amended to incorporate the organisation of these parties into the legislation. On this point, the Home Office’s briefing note stated:
What is needed is a way of hitting at the profit made by the organisers. This should discourage the craze.
It was hoped that these increased penalties and powers of confiscation, as well as more pre-emptive action between the police and local councils, would prevent acid house parties from occurring. The Home Office noted:
No amount of statutory power will make it feasible for police forces to take on crowds of thousands on a regular basis. We cannot have another drain on police resources equivalent to policing football matches.
Incidentally, this was the argument made by Tony Wilson in the final days of the Hacienda – that the police were willing to police Manchester United and Manchester City games, but unwilling to do the same at the famous nightclub to ensure people’s safety.
The following year the Thatcher government passed the Entertainments (Increased Penalties) Act, which increased the penalties for organising an ‘illegal’ party to £20,000 and/or 6 months in prison. As the debate in Hansard shows, these measures were supported by both major parties in the House of Commons. The Criminal Justice Act 1988 was also amended to allow the seizure of profits made by party organisers.
However this did not end the phenomenon of the illegal rave and the Major government introduced the Criminal Justice and Public Order Act 1994 to deal specifically with raves, which included the seizure of equipment used to put on events deemed illegal. This Act was opposed by many and led to a grassroots resistance by partygoers and activists. But this was a far way off in 1989. We will have to wait a few more years for the internal government records relating to this.
 ‘Acid House Parties’, 12 October, 1989, p. 1, PREM 19/2724, National Archives (London).
 Letter from David Waddington to Geoffrey Howe, 2 November, 1989, PREM 19/2724, NA.
 ‘Acid House Parties’, p. 1.
 ‘Acid House Parties’, p. 2.
 Association of District Councils, ‘Response to a Request for Information Concerning Acid House Parties’, 9 November, 1989, PREM 19/2724, NA.
 Letter from Waddington to Howe.
 ‘Acid House Parties’, p. 2.
 Letter from Peter Storr to Andrew Turnbull, 4 October, 1989, PREM 19/2724, NA.
 ‘Acid House Parties’, p. 3.
 Note from Andrew Turnbull to Carolyn Sinclair, 4 October, 1989, PREM 19/2724, NA.
 Association of District Councils, ‘Response to a Request for Information Concerning Acid House Parties’, p. 5.
 Ibid., p. 1.
 ‘Acid House Parties’, p. 4.
 Letter from Andrew Turnbull to Peter Storr, 16 October, 1989, PREM 19/2724, NA.
 Letter from Waddington to Howe.
 ‘Acid House Parties’, p. 4.
 ‘Acid House Parties’, p. 5.