Day ticket waters and alcohol

[RUDD]

Anyone know if there are laws on drinking alcohol at a day ticket fishery.

If an angler who had been drinking injured themselves or others who would be liable?

If an angler died on the bank or drowned due to alcohol who is liable.

Is it even legal to drink at a fishery?

It is now illegal to drink in most public places (designated public areas, no drinking zones, asbo etc) but you can drink on a campsite where you are paying to use facilities?

You would not and probably could not charge members of the public to sit in your garden to drink their own booze. But what about a fishery who dont mention alcohol in its rules or a fishery with a public footpath/ right of way through it?

[Andy Macfarlane]

I'd imagine your day-ticket merely gives you right of access but I'd find it hard to believe that the fishery would be liable for any mishaps that occured to an angler due to the fact they had been drinking alcohol. Fishery owners can't be expected to look after each and every angler on the water. Surely the responsibilty lies with the angler???

[Steve Walker]

Responsibility is with the angler.

 

There are specific prohibitions on drinking in some places. Where things are not specifically prohibited, they are legal.

[Anderoo]

At most of the ones I've seen, it's a 5-drink minimum

 

Anyone know if there are laws on drinking alcohol at a day ticket fishery.

[Steve Walker]

I don't think I could tolerate some of them sober!

[wunnus]

Do you think that they need a licence?

[RUDD]

Do you think that they need a licence?

No - you need a licence to sell it.

[nick]

All land owners owe a duty of care to all people on their land, whether there legally or illegally.

 

If a day ticket angler injures themselves whilst at a fishery then the test would be was the land safe. By it's nature a day ticket fishery is a dangerous place to be (compared to a flat open grassed area for example).

 

If the angler sued for the injury received while on the fishery the test would be had the owner taken all reasonable steps to ensure the safety of people on the land. If they have then it is unlikely that the injured party would win their case.

 

If however it is decided that there was further action which could have been taken to avoid the injury occurring then the land owner would likely be judged as liable for the injury suffered.

 

If the injured party is under the influence of any drug, legal or illegal which makes their hazard perception less than would be expected in a reasonable sober individual then they may well be found to be contributory negligent. This may lead to a lower damages award, however it is unlikely to absolve the land owner of responsibility.

[robtherake]

I see gallon drunks at both private and council-run day ticket venues in our area. It has always been so, but never as blatant as in recent years. I'm talking about daytime sessions here - these men are then getting in the car after what is effectively an all-day binge and driving home. The council venues have public access, so there's no question about illegality, but you can't blame the parkies for staying out of it.

[kenj]

A local trout fishery recently converted to a day/night ticket carp fishery and the owner is dismayed by the number of beer cans left behind by anglers after the average weekend session. We watched two guys carrying a 24 pack under each arm back to their pegs, following a visit to the supermarket for provisions. The owner is not happy about it, and is worried about possible fights, or someone falling in, but needs to sell tickets.