Anderson v Alnwick DC
Anderson v Alnwick DC
- 1993
- All England Law Reports (1993) 2 All ER 613-625(13) .
QBD 21 December 1992. Due to disruption caused by people digging on a beach for lugworms for fishing bait the council passed a byelaw to prevent people from digging within `such parts of the [beach] as lie above the low water line`. Attached to the byelaw was an OS map showing a hatched area corresponding with the beach from the high water mark down to a line described as the `low water mean meridian tides`. This was by definition closer to the shore than the low water mark during spring tides so that during that period there was an area of exposed beach outside the hatched area of the map. The appellant A was charged with an offence contrary to the byelaw in respect of the area outside the hatched area of the map. He was convicted and appealed to HC on the grounds that the area he was digging in was outside that marked on the map and that the public right of sea fishing included an ancillary right to take bait from the foreshore. It was held that the byelaw could only be interpreted
BYE-LAWS
FISHING BAIT
FORESHORE
HIGH WATER MARK
LOW WATER LINE
LOW WATER MARK
LOW WATER MEAN MERIDIAN TIDES
ORDNANCE SURVEY MAP
QBD 21 December 1992. Due to disruption caused by people digging on a beach for lugworms for fishing bait the council passed a byelaw to prevent people from digging within `such parts of the [beach] as lie above the low water line`. Attached to the byelaw was an OS map showing a hatched area corresponding with the beach from the high water mark down to a line described as the `low water mean meridian tides`. This was by definition closer to the shore than the low water mark during spring tides so that during that period there was an area of exposed beach outside the hatched area of the map. The appellant A was charged with an offence contrary to the byelaw in respect of the area outside the hatched area of the map. He was convicted and appealed to HC on the grounds that the area he was digging in was outside that marked on the map and that the public right of sea fishing included an ancillary right to take bait from the foreshore. It was held that the byelaw could only be interpreted
BYE-LAWS
FISHING BAIT
FORESHORE
HIGH WATER MARK
LOW WATER LINE
LOW WATER MARK
LOW WATER MEAN MERIDIAN TIDES
ORDNANCE SURVEY MAP