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Old 15 October 2012, 14:50   #61
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But if someone drowns and its deemed the yellow markers encouraged them to swim further out because they implied it was safe to go that far then that could be EH's issue...
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Old 15 October 2012, 14:56   #62
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The bay only shelves gradually. The area is approximately 300 yards across and 400 yards out. At least half of it dries, more on springs. At low tide you can stand up in most of it.
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Old 15 October 2012, 15:00   #63
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I doubt that putting yellow markers out could construe 'an enticement' to swim. If there was the slightest risk that councils/EH were actually responsible, they'd have someone checking your swimming certificate to see how well people can swim before they go into the water, or provide lifeguards (i.e. like a swimming pool - which probably does form an 'enticement' to swim!!).

Having said that - we get muppets swimming in the main harbour channel, even though there are boats and jetskis coming and going at speed, and there are red flags flying permanently on that section.
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Old 15 October 2012, 15:17   #64
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I agree that beaches dont all have safety cover, but this has been marked as a swimming area after opening said beach to the paying public and therefore they will have a vicarious liability (I believe)
Almost certainly not vicariously!

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But if someone drowns and its deemed the yellow markers encouraged them to swim further out because they implied it was safe to go that far then that could be EH's issue...
The yellow buoys don't show how far out it is safe to swim, they show the "exclusion" zone where boats should not (according to EH) be in order to ensure swimmer-boat segregation. Unless they have stupidly (and rather unlikely) signposted it as "safe swim area" on the shore then I doubt they have any liability.
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Old 15 October 2012, 15:40   #65
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EH has a duty of care to the paying members of the public that are allowed to use the beach.
This could be in the way of signs warning of the dangers.
Flags to reinforce the above
Supervision to ensure the safety of the swimmers ie Lifeguards or patrols


I am sure they have read Bsops by the RLSS UK and ROSPA and have NOP and EAP in place .

I think EH were abit over the top in trying to stop people anchoring as they have no rights below the low water mark .

Shall watch to see how this develops over the coming months .
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Old 16 October 2012, 02:46   #66
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Would be interested to hear what Osbourne House people say the yellow marker buoys are, sounds like they have been moved further out, are they calling it a safe swimming area ? someone mentioned tidal flow could be an issue if so have they inadvertaintly made the swimming zone more dangerous rather than safer ?

People around our coasts are used to the yellow buoys just off the beach and the swimming zones so perhaps these yellow bouys are going to make people think its a no boating area when in fact it's not and hence swimmers are not going to be expecting boats in that area to their peril ?
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Old 16 October 2012, 06:55   #67
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yellow bouys in our area mark special intrest hazards ,tide information bouys , pipe outfalls, shallow spits or shallow water ,
wondering if EH are hoping to play that card as it was mentioned that the beach is shallow at low water .
Also who is paying for the permanant lit bouys , the Harbour authority or EH.
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Old 20 November 2012, 03:04   #68
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Visited Osborne Bay on Saturday. The yellow buoys have been replaced with smaller buoys (presumably to stop people using them as mooring buoys). These have "private beach swim area" printed on them.
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Old 20 November 2012, 03:36   #69
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Visited Osborne Bay on Saturday. The yellow buoys have been replaced with smaller buoys (presumably to stop people using them as mooring buoys). These have "private beach swim area" printed on them.
Are they stills long way out? Certainly were way out for swimming area before
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Old 20 November 2012, 17:48   #70
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Are they stills long way out? Certainly were way out for swimming area before
We were there on Sunday. No swimmers in sight and drifted on the tide right round the bay. Couple of yachts anchored to the west of the bay. Think there are more swimmers from boats anchored in the bay rather than from the beach and don't think they would venture more than 50 yards front the shore anyway. Bouys must be the best part of 300 meters from the shore. Brave swimmer to be out there when the tide is running.
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