Earl’s Court Square Garden Byelaws
Made Pursuant to the Kensington Improvement Act 1851
These Bye-Laws are intended to secure the quiet use and enjoyment of the Square Garden: those using the Garden are requested to observe them.
The use of the Square Garden is reserved exclusively to Members of the Garden Committee, their families and guests and such other occupiers of adjacent
houses that have been granted keys and are living in one of the four arms of the Square and such other persons as may be authorized by the Committee from time to time. However, a Member shall not at any time be
accompanied by more than 14 persons as his or her guests, nor shall any Member use the Garden for commercial purposes without express permission of the committee.
Only Members of the Garden Committee and those persons authorized by the committee who have a right of entrance shall be entitled to hold or possess a
key of the garden gates and no person so entitled shall permit the key to be given or lent or used by any other person other than a member of his or her household.
Children will only be admitted to the Garden accompanied by and at all times supervised by an authorised key holder who shall be responsible for their
actions in the Garden and their compliance with these Bye-Laws.
No person shall climb over the railings or gates and the gates shall not be left open at any time.
No person shall climb, damage, pull up or destroy any of the trees, shrubs, plants, fencing or gates or pluck or cut the flowers in the Square Garden or
break, deface or injure any of the seats or structures or wilfully cut up or injure the paths or lawns or trample on or injure the beds or place or leave any obstructions or things on the paths or elsewhere.
Dogs are not permitted in the Square Garden (except guide dogs authorized by special permission of the Committee).
No wheeled vehicles shall be permitted in the Square Garden other than wheelchairs, perambulators, children’s bicycles and kiddy-cars which must
be kept to the paths at all times.
Noisy and disorderly conduct and activities likely to annoy the residents or interfere with the quiet use and enjoyment of the Square Garden are
forbidden; also transistor sets, cassettes, musical instruments and other apparatus for producing or reproducing sounds and music, unless authorized by special permission of the Committee.
Litter shall only be left in the receptacles provided. No household articles shall be cleaned or dusted in the Square Garden.
No balls shall be brought into the Square Garden.
No fires shall be started nor any fireworks let off without the prior consent of the Committee. No barbecues apart from officially organised events e.g.
the Residents’ Association barbecue.
The Committee reserves the right, to amend, waive, modify or add to these Bye-Laws at any time.
All persons enter the Square Garden at their own risk in all respects; neither the Committee nor any Member thereof shall be held responsible for any
damage, loss or injury caused to any person or property arising from the condition of the Square Garden or its amenities or the act, neglect or default of any person.
This is a link to these byelaws. Please print it out and keep it for future reference.
What are the procedures for making the byelaws for the garden square?
- The 1851 Act is quite specific on this point. It provides that the garden committee or the garden sub-committee has the power to make byelaws for the proper management
of the garden under their care.
- Any rules must be properly administered and be signed by the chairman of the meeting and in the same way they may be revoked or amended.
- The Act goes on to say that anyone who breaches such a rule commits an offence for which a penalty, not exceeding £25, may be imposed by a local magistrate but only if
the rules have been "allowed" by a judge or a magistrate, who also has the power to disallow any rules if they think it appropriate.
- Therefore in order to have proper effect, a set of new rules ought to be vetted and sanctioned by a court (in practice a magistrates' court) in order to have full
force and effect.