Your Question Answered

Can we take trespassers to court? Our club has a bowling green but it is used by some individuals as a short cut between the main road and the housing estate. Can we sue individuals or take them to court who goacross this land?

Answer: there are often signs up that say trespassers will be prosecuted by this is one of the most misunderstood laws on the statute bok.

A club could certainly consider putting up signs to make it clar that the bowling green is private and unauthorised persons are not allowed to cut accross. It may prove difficult, however, to prosecute such individuals as a prosecution can only take place if a crime has actually been committed either on the bowling green or damage inflicted upon the club's property. Trespass for trespass ake will not receive much of a response from either the Police or the judiciary.

I am aware that the new licensing laws do not come into operation for some months yet, but if they do in their proposed form, will this spell out the end of junior members? The new Licensing Bill will probably become law in July 2003, but will not be fully operational for a further 16 months.

Under the existing Licensing Act, children under 16 can in certain circumstances, consume alcohol on the premises of a club and those between the ages of 16 and 18 can certainly consume alcohol if the club rules permit it. This will disappear under th enew Licensign Act when no one under 18 will be allowed to purchase, consume or supply alcohol under any circumstances within England and Wales.

Consequently a club can still have junior members aged between 16 adn 18, but they will not be able to drink once the new Act comes into force. They will be able to purchase soft drinks if the club rules allow, but the Government is tightening up dramatically on all the legislation concerned with under-18 drinking.

May 2003