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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Access to a hotel and sports club can be gained only through

Customer Question

Access to a hotel and sports club can be gained only through land owned by an estate. The estate's residents association controls public access to and through the land by issuing permits. An individual seeks to visit the hotel but is banned from access to the estate on grounds that the person's dogs have "caused danger" on the estate's land. The ban does not expressly cover the dogs. The residents association is aware that the person's dogs have been involved in an incident involving a non-resident's dog elsewhere but the banned person has never encountered any other person or dog on the estate's land. The association refuses to provide evidence to support its grounds for denial of access on the basis of danger caused on its land. Can the ban be challenged?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What is the wording of the access enjoyed by the hotel and sports club over the estate land?

Have they banned the individual or have they banned the individual if the individual has a dog with them?

Is it the hotel that is wanting to challenge the ban or the individual?
Customer: replied 2 years ago.

We do not know the position of the hotel and sports club, but access to them has rarely if ever been denied by the estate over several decades.


 


The ban mentions only the individual, not the individual if the individual has a dog with them.


 


At present, the individual seeks to challenge the ban.

Expert:  Jo C. replied 2 years ago.
Thanks.

The individual has no right to challenge the ban because the individual has no right to go over the land.

The right to go over the land is granted to the hotel/sports complex and lawful visitors and guests in most cases.

It will also be done on the basis that the lawful visitors and guests cause no nuisance.

This is therefore a matter for the hotel/ sports complex to take up with the estate owner on the basis that the lawful visitor has not caused nuisance on the estate.

The fact that there may have been an incident elsewhere away from the estate is not material with regard to the estate stopping access of this person and does not give them grounds to do so.

It does beg the question as to how the estate proposes to "police" the banning of this person but that is another issue.

Nonetheless, any action must be brought by the hotel/ sports complex.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Thank you. I should have made it clear that the Association grants permits to individuals to access its land.

 

The estate's land accessible by permit includes a beach. If the individual wishes to access the beach but not the hotel/sports club, can the Association maintain its ban on issuing a permit on the grounds cited if it believes danger could be caused in future, notwithstanding that it has not provided evidence of danger caused on its land to date?

Expert:  Jo C. replied 2 years ago.
I am sorry to have to tell you that it is highly likely that the Residents Association is not under a duty to grant a permit to anyone at all (regardless of the reason) provided the refusal to grant a permit is not based upon any kind of the usual prejudices such as race, sex, religion etc
Customer: replied 2 years ago.

So the ban cannot be challenged even if its cited basis is not backed by substantiated evidence?

Expert:  Jo C. replied 2 years ago.
Not unless the Residents Association is an emanation of a public body when it could be challenged by judicial review or a complaint to the Local Government Ombudsman.
If it is not an emanation of a public body then it is free and that liberty to allow in who it likes in exactly the same way as a shop or a pub is allowed to admit people or impose a dress code or not as it wishes.
If the Residents Association simply refuse to rescind the ban, there is no legal remedy for the individual although the club may have the right of appeal
Jo C., Barrister
Category: Law
Satisfied Customers: 69529
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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