Shooting from the beach

[Jersali]

I read on a blog today that they approached someone with a shotgun shooting from the public beach, apparently they "had a day license".
Anyone heard of this before, sounds a bit iffy?

[JB9302]

Only thing I can think of is a Wildfowling permit issued by one of the many clubs who control the access shooting rights around the coast .
They are usually marshland/coastal areas away from public beaches .

julian

[Jonathan]

Originally Posted by Jersali

I read on a blog today that they approached someone with a shotgun shooting from the public beach, apparently they "had a day license".
Anyone heard of this before, sounds a bit iffy?

There are several websites that will give similar information but I found this one the most logical and easiest to follow:

Wildfowling Today

Shooting on the Foreshore
The case of Beckett v Lyons (1967) 1 AER 833 finally dispelled the popular myth that, in England and Wales, there was a public right to shoot on the foreshore. It follows from this case that any person who takes a shotgun on to the foreshore without proper authorisation not only renders himself liable to a civil action for trespass but, under the Firearms Act 1968 may be prosecuted for the criminal offence of armed trespass. Members of the British Association for Shooting and Conservation (BASC) are in a somewhat privileged position as much of the area below high water mark is owned by the Crown or by the Duchy of Lancaster and, except where the sporting rights have been leased to a third party, the BASC has negotiated a right for its members to resort to such foreshore for the purpose of wildfowling. That having been said, the reality of the situation is that the most worthwhile areas of fowling marsh have been leased by wildfowling clubs, are in private ownership or have been designated as nature reserves. In consequence, there are few areas of England and Wales where an itinerant gunner can simply cross the sea wall and obtain good quality sport without the need to acquire a permit.

In England and Wales the foreshore is defined as that area which is more often than not covered by the flux and reflux of the four ordinary tides occurring midway between springs and neaps. In effect, therefore, much of the prime wildfowling land which is flooded by only the highest spring tides does not fall within that area which is classified as foreshore and the fowler will be committing an offence if he shoots from such salt marsh without specific permission from the owner.

In Scotland the situation is somewhat different from that in England and Wales. Although the Firearms Act 1968 applies equally in Scotland, there is considered to be a public right to carry a gun on the foreshore for the purpose of wildfowling and, hence, the offence of armed trespass is not committed by the fowler who enters such an area without express permission. This situation arises because in Scotland, irrespective of ownership, the Crown has retained certain rights in respect of the foreshore and holds those in trust for the public. Despite this general rule, many of the best areas of wildfowling foreshore in Scotland are now effectively controlled as a result of the creation of nature reserves with wildfowling permit schemes. On other parts of the Scottish coast there may remain a public right to shoot but access to the high water mark is restricted by the owners of adjacent land. Only where an established right of way exists does the fowler have a right to cross private land in order to gain access to the foreshore.

The definition of foreshore differs in Scotland and is considerably more favourable to the wildfowler. That area which lies between the high and low water marks of ordinary spring tides is classified as foreshore and consequently includes areas of saltings and merse which would be excluded by the definition pertaining in England and Wales.

It would be useful to know exactly where the 'beach' was. And by 'beach' are we talking about bucket & spade territory, or something somewhat wilder and marsh-like!

Cheers
Jonathan

[Jersali]

Thanks for info guys...
Jonathan the beach is at Reculver in Kent
It is a popular venue along the sea wall to Minnis Bay for Birders, Cyclists, Walkers/Dog walkers and Fishermen.
The mostly (steep) shingle beach is accessed by simply stepping over the wall for much of it's length, it's especially popular at weekends for visitors to the Reculver Towers...
Al

[JB9302]

Have a look at kent Wildfowlers web site it details the day tickets for Reculver area.

Julian

[Jersali]

Thanks Julian

[Ukwildlifeo]

There are chaps that stand on the beach by the sea wall round Oare nature reserve shooting anything foolish enough to try to fly in or out the reserve. The ting is the sea wall is part of the saxon shore way. Is it legal to shoot that close to a footpath? Certainly doesn't seem safe.

[Jonathan]

Originally Posted by Ukwildlifeo

There are chaps that stand on the beach by the sea wall round Oare nature reserve shooting anything foolish enough to try to fly in or out the reserve. The ting is the sea wall is part of the saxon shore way. Is it legal to shoot that close to a footpath? Certainly doesn't seem safe.

This is from BASC's website:

Shoot managers and Guns must ensure that shooting does not obstruct, cause danger or alarm to users of the public highway, including roads, bridleways, footpaths and other rights of way.

Guns should note that to shoot across a footpath or bridleway that is in use by walkers or riders may constitute a public nuisance or wilful obstruction. There may also be a liability in negligence if it is known that people are on, or likely to be on, the path.

In particular, care should be taken when siting Guns near roads. Section 161 of the Highways Act 1980 (England & Wales) makes it an offence to discharge a firearm within 50 ft of the centre of a highway with vehicular rights without lawful authority or excuse, if as a result a user of the highway is injured, interrupted or endangered.

Cheers
Jonathan

[Jersali]

Our not-local sportsmen were reported for shooting at Brent Geese which they apparently failed to identify, he/they have since had a visit by the Police...