what is the definition of a public place. would a school playgroud owned by the local authority be a public pl

Question

my dog a king charles spaniel has been after many years been banned by a new school head. the children are very upset by this and also many parents.i have always understood that there is a law stating that these dogs cannot be excluded from any public place. this law goes back mant hundreds of years to the time of king charles the second and has never been revoked

Answer 1

How selfish to want to bring your smelly dirty dog into a school playground. Of course it should be banned. A school playground is NOT a public place - it is private property owned by the council.

Answer 2

A school yard, which forms part of the ground upon which a school stands and which is owned by the local authority, is not a public place. It is in effect private property, as are Council estates etc. The school is owned by the local authority.

I'm sorry your dog was banned from the school yard. I too have a King Chas Spaniel, about the most friendly dog I know of - tail wagging all the time.

It might be useful for you to check out local bye-laws at your town hall via their website.

If you are right about the King Chas then there must be a Royal Charter somewhere, possibly in the Public Records Office. If such a document exists, get a copy and show this to the school head.

Answer 3

This is a tricky one, and it could depend on the context, or by any relevant legislation to the case being argued.

A building owned by a public body where the public are allowed to enter, eg library, museum etc, would be regarded as a public building. However, a building which is privately owned, or owned by a business, eg a Public House, even though members of the public are allowed in as customers, I don't think should be regarded as a public place in the same way as the example above. That is why I have serious doubts about the no smoking legislation with regard to pubs. Again, open spaces that are publicly owned, as against privately owned, would be regarded as a public place.

In conclusion, I don't think that there is a 'one description' fits all definition. Each situation would need to be evaluated within its own context.

Answer 4

The definition of a public place varies from one act of parliment to another but a school playground is definately not a public placein this instance and the head has a perfect riight to exclude dogs or any person he wishes.Whilst it is correct that a public place is anywhere the public have access either on payment or otherwise stated casese have refined definition and basically say this is an unlimited access this does not include such things as shops and public buidings were to purpose of enrty is genarally limited to access to conduct bussiness or to view goods etc.

Answer 5

You are right. They even cannot be excluded from the Houses of Parliament. Take it in. The Headmaster can say what he likes but he cannot prosecute or force you if you are within the law. he is wrong, you are right:-

The royal name, 'King Charles Spaniel' was bestowed during the reign of King Charles II, who was so fond of his spaniels he could not be parted from them. He made a decree that King Charles Spaniels must be allowed in any public place, including the House of Parliament. This decree is still in the law books today

Answer 6

Public places are places to which we all have access as members of the public -- e.g. public libraries, courts of law, supermarkets, police stations, railway stations, etc. etc. School playgrounds are, as I understand it, enclosed premises. They are gated and access is restricted to people studying or employed at the school or people who have some lawful reason for coming there (e.g. parents wanting to see teaching staff). If I wandered into that school playground the head would be quite justified in asking me to leave unless I came up with a very good excuse for being there. Similarly he is quite entitled to ask you to keep your dog away from the playground. If your dog is allowed there (and it's not at all clear what he's doing there in the first place) then, royal decree or not, there is no real reason for excluding other dogs and a child could be harmed. The head teacher has responsibility for the health and safety of children while they are in his charge and he is entitled to act in this way.

Answer 7

In criminal law, 'a public place is a place to which the public have access, whether by payment or otherwise'

E.g, a public park is a public place but only when it is open. A cinema or shop would be a public place but only certain areas of the building, IE those areas where you would expect to be allowed but again only when it is open.

This definition may however be different in civil law which would cover a council area. this should be specified somewhere in a local by-law.

As I only really deal with criminal law, i couldn't really advise further.

Answer 8

The only law I am aware of that applies to king charles dogs is that pub landlords are NOT by law allowed to refuse entry to their public house.
I heard about this many years ago and did some digging and it's true and your right it does go back many years.
Good Luck

Answer 9

You are wrong, there are education byelaws and the school governors are responsible for public safety.
Responsible dog owners would not take their dogs onto school playgrounds or for any public space, due to the risk of transfer of animal diseases to humans.

Answer 10

Im afraid a school playground is not a public place , so no you cant bring your dog in there

sorry