[modeleng] Re: Giving rides to small children

  • From: "Peter J. Cathcart" <peter.cathcart@xxxxxxxxxxxxx>
  • To: <modeleng@xxxxxxxxxxxxx>
  • Date: Wed, 12 Oct 2005 17:46:50 +0100

The fact that the public can visit private property does not, in itself, 
make that property a public place for the purposes of legislation.  Whether 
it can be treated as public depends on the circumstances prevailing but the 
presumption is not that allowing access also invites public status.

Peter Cathcart

----- Original Message ----- 
From: "Pendragon" <idpriest@xxxxxxxxxxxxxxxx>
To: <modeleng@xxxxxxxxxxxxx>
Sent: Wednesday, October 12, 2005 5:27 PM
Subject: [modeleng] Re: Giving rides to small children


Mike,

Please clarify the following.  I had a recent debate with a club member =
who
claimed that because a club owned its own land then the track was =
private
and the legislation / guidelines didn't apply anyway.  My stance was =
tosh as
any place to which the public has access is by definition a public place =
and
legislation applies.  I'd appreciate your comments.

Regards IDP

"Life should NOT be a journey to the grave with the intention of =
arriving
safely in an attractive and well preserved body, but rather to skid in
sideways, Champagne in one hand - strawberries in the other,=20
body thoroughly used up, totally worn out and screaming WOO HOO - What a
Ride!"=20
=20
"Never drive faster than your gaurdian angel can fly"
=20
Priest & Sons Model Engineers
http://www.kinvermes.pwp.blueyonder.co.uk/p1.htm


-----Original Message-----
From: modeleng-bounce@xxxxxxxxxxxxx =
[mailto:modeleng-bounce@xxxxxxxxxxxxx]
On Behalf Of Mike Leahy
Sent: 11 October 2005 22:44
To: modeleng@xxxxxxxxxxxxx
Subject: [modeleng] Re: Giving rides to small children


Ron Head  wrote on 10/10/05 9:30 pm:

> We reviewed the information sheet at my club, decided it was nannyism=20
> gone mad, and that we would carry on as normal.
>=20
>
Hi Ron

I'm surprised that your most revered club has chosen to adopt the stance =
you
state.

The guidelines are just that 'guidelines' and are there to help clubs in
respect of this touchy subject. All most clubs need to do is to carry on =
as
normal. The model engineering fraternity consists of the most =
reasonable,
rational, sane and well-adjusted members of society (now that's sticking =
my
head above the parapet ;->) and we usually don't step outside what are =
to be
considered the normal mores of life. (Except for grown men playing =
trains!)

You will see in the Southern Federation News that went out at the same =
time
as the guidelines that our insurers have recently added an exclusion =
clause
to our insurance cover, regarding abuse, because of possible claims =
arising
from this very subject. So if any club was to have a claim made against =
them
for abuse (the meaning is also defined in the same note) then the club =
could
find itself out on a limb, particularly if it was proven that it had =
chosen
to ignore taking reasonable precautions. At the very least make your =
members
aware of its content.

Bye-the-way, the exclusion is not a cost reduction exercise by our =
insurers
but a fact that abuse it is actually illegal and insurers do not =
normally
cover illegalities.


> We haven't had any paedophiles
> in our 50-year history, and if we did they would soon be drummed out=20
> of the club.

Are you sure???? I am aware of one club that did a CRB check and three
members came with, shall we say, irregularities. A member of another =
club
was traced as receiving nasty images over the internet.


--=20
Regards

Mike Leahy
South Ockendon UK



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