Buy their pellets...not legal!

davegn · Nov 1, 2009

Like many anglers I get angry when greedy Fishery owners expect us to pay to fish their pond and then have the audacity to insist on us using their own overpriced pellets!
I know they argue that it controls the type of pellets going into the ponds etc...but this is just a whitewash for a scam!
I have asked the Trading Standards departments in local areas on this issue regarding freedom of choice under Consumer Law.
Result, the owners are in breach of the Law!
My son, who is a Lawyer, has further researched this and agrees that under various Consumer Protection Acts, owners cannot insist upon this practice!
I know that this thorny issue is to be raised next year at a higher level, but what do YOU think about this?
Remember,

Nobby C (ACA) · Nov 1, 2009

I think they'll kick you off anyway , take your son with you to argue the case.

slime monster · Nov 1, 2009

Whilst I agree with you how are you going to use pellet as they CAN and will stop you using anything else if they write it in the fishery rules .
me ,I would tell him to stick his pellets and his fishery were the sun don't shine

Stealph Viper · Nov 1, 2009

They will just ban the use of any pellets on their fishery waters.

What they could do, which would be more effective would be to enforce a bait limit, where no more than a pint of pellets could be used as loose feed.

I don't mind using their own pellets if they are charged at a reasonable price.

Remember, their will be times when you turn up and forget to have brought any and then you'll be knocking their door down to buy some.

Graham Whatmore · Nov 1, 2009

I know nothing about the law but if I owned a large fish filled lake and I decided to allow people to fish it I would like to think that I could make whatever rules I wish to protect my fish. The potential visitor who wishes to fish can do so providing he abides by the rules that I lay down, if disagrees with those rules then he can go elsewhere and fish.

I think any self respecting judge would agree with that view and it is a matter for the owner to decide not the law (common law that is). Maybe Nigel or Andy would have a legal opinion on this.

A lot of top commercial fisheries insist on the use of their own pellets, usually carp pellets, Maver Larford is one as is Gold valley and many many more I know of. Are they right? Thats for them to decide not the casual visitor. If you ever join the carp society and fish Horseshoe Lake you can only do so if you use their landing nets, weigh slings and unhooking mats, all of which must be used, their pool, their rules.

Fred Bonney · Nov 1, 2009

Yes, take it or leave it, your choice.

geoffmaynard · Nov 1, 2009

"I know nothing about the law but if I owned a large fish filled lake and I decided to allow people to fish it I would like to think that I could make whatever rules I wish to protect my fish. The potential visitor who wishes to fish can do so providing he abides by the rules that I lay down, if disagrees with those rules then he can go elsewhere and fish.

I think any self respecting judge would agree with that view and it is a matter for the owner to decide not the law (common law that is). Maybe Nigel or Andy would have a legal opinion on this."

I agree. I would think your son would have a tough job on his hands establishing his thoughts. Ask him if he would use his OWN money to pay a solicitor to argue this case in court - I suspect no as it could run for weeks!

Best thing is to just fish somewhere else.

Frothey · Nov 2, 2009

next time I'm in London, I'm going to buy a macdonalds and go to claridges to eat it.....

Ben Haigh · Nov 2, 2009

i don't see what the issue with it is, as has been said before, if you don't like it, don't fish.

i must say, the only two places i have fished where you had to use fishery pellets as feed, the prices and the product were more on par with my local animal feed supplier than they were with my local tackle shop.

davegn · Nov 2, 2009

Yes Graham but these rules may be in breach of the Law and are therefore unenforceable, if you try to do so you are acting outside the Law!
It is a sad fact that many clubs and owners have these rules, some of them quite justifable to anglers but they may not comply with the Law!
Some day, someone may just make a stand against rules such as these......

---------- Post added at 10:28 ---------- Previous post was at 10:23 ----------

Frd, I disagree, we should have a choice of where we buy our pellets and not be forced into purchasing those of the Fishery. I will not fish at such venues anyway, but I miss one or two!
What would happen if you went to the cinema and were forced to buy only their sweets, coke or ice cream? I can tell you the answer as this was taken to court some years ago and the Law said that the Cinema could not do so, it is against "monopoly" laws in trading.
Why are we anglers so whimpish that we just take such ****?

---------- Post added at 10:30 ---------- Previous post was at 10:28 ----------

No need, as I said the issue is on the national agenda for Trading Standards, they will enforce the Law as this relates to their jurisdiction, I wonder how many Fishery Owners will fight it?

---------- Post added at 10:32 ---------- Previous post was at 10:30 ----------

Frothey, this is quite another aspect of Law and nothing to do with Trading Standards, but in reality....you might get away with it!

Graham Whatmore · Nov 2, 2009

I don't believe it sorry, you will be telling me next if you have a fishery you must open it to the public, nah! sorry thats a load of cobblers.

davegn · Nov 2, 2009

Graham, you may not believe it but it is however, fact! No-one can make rules that do not comply with the Law!
Otherwise we would have weird societies whose rules might say "Whites" only member ship or even, No women!
Sorry mate!

Graham Whatmore · Nov 2, 2009

So what part of what law have they broken then?

Claudia Crowther · Nov 2, 2009

I think the point here is...if (and I say if, as I don't know the law point of view on the subject) it is against the trading law, then the owners should obay the rules, after all, nobody likes to see people breaking the rules.. fishing without a licence for example, rules are rules.

However, from the moral point of view I agree with the others, A fishery owner pays out good money for his stock, so if he/she wants to protect his investment,(after all, it's his/hers livelyhood and business), they should have the right to inforce the rules only to use their pellets. As said before, we can choose to fish or not to fish those fishery.

davegn · Nov 2, 2009

In this instance, they have broken the Law upon Monopoly trading, as referred to earlier. This states that a trading entity cannot use it's control to monopolise a situation to the disadvantage of the consumer, that's in plain English.
I recently went around a few of my local fisheries to make a note of what Laws they were infringing, most did not adhere to Health and Safety, some did not adhere to Hygiene Laws, in their Cafes, others broke planning and Conservation Laws!
What I cannot understand is how come no-one seems to check out Fisheries for such things?
If it was a shop or restaurant the have inspectors coming round all the time!
I might just send my findings to the relevant authorities, as these breaches are putting the lives and welfare of anglers and fish at risk!

Stealph Viper · Nov 2, 2009

You may also, push up all the prices, close fisheries etc

If you feel strongly enough, you should go with what you think is best.

Neil Maidment · Nov 2, 2009

upnorth said:
In this instance, they have broken the Law upon Monopoly trading, as referred to earlier. This states that a trading entity cannot use it's control to monopolise a situation to the disadvantage of the consumer, that's in plain English.

Total rubbish I'm afraid. The major law relating to monopoly refers to creating, managing, manipulating a market, the result of which is to the detriment of the consumer. The consumers choice is heavily restricted or non existent within that market.

Your example is the complete opposite, we have a choice, go elsewhere. The owner of the fishery will probably have a very strong case to argue he is handicapping his own business development and income and even benefiting his competitors business by applying his rules to his fishery.

When we buy a ticket to fish a commercial, day ticket, club venue, we are invariably tacitly accepting the rules in place. It's typically private property, access without permission/authority is usually treated as trespass. We have no rights to be on private property without authority or with intent to break the rules - unless of course you are in a canoe!

davegn · Nov 3, 2009

Neil, you are way off track, the law on monopolies apply to any size of business!
The fact of the matter is that consumers have a right of choice, making people buy their pellets deny them that choice.
I've had this discussion with Trading Standards, who know something about the Law and they agree!
Sorry!
Your arguement is to go somewhere else! That is not solving a situation it is condoning illegal activity. Fishery owners seem to think that the Law does not apply to them, badly surfaced roads, poor footpaths, dangerous platforms, unkept banks...all of these are matters of Law which are all too frequently ignored by them!
Stop defending them and get on their backs! Tehy are the ones who are taking anglers hard earned money! We deserve good, well maintained and safe fisheries in return! And the Law substantiates this right!

---------- Post added at 10:56 ---------- Previous post was at 10:53 ----------

By the way, when a private enterprise charge for the use of facilities by the public your argument is invalid, they, the landowners, fishery owners etc.. then have the duty to ensure that their facilities comply with the Laws of the land! They must also have the correct insurances too!

alan · Nov 3, 2009

the day i turn up at a fishery and find all the grass cut, all the banks leveled with no bumps, a nicely tarmaced car park, water monitored for human consumption is the day i smash my rods and walk away from fishing.

lets face it we going fishing to get away from all the stress of everyday life, sitting on a grassy bank, p**sing up a tree, relaxing watching wildlife in a natural place(even commercials have it) that sense of adventure finding a swim no one has fished for months thats all overgrown.

why ruin it with all the h+s bs?

and if the owners insist on their pellets only, hell dont use them try maggots or meat, bread, cheese, chocolate, its not the end of the world is it.

im getting well and truly sick and tired of health and safety bs and legal bs when fishing.

geoffmaynard · Nov 4, 2009

"In this instance, they have broken the Law upon Monopoly trading, as referred to earlier. This states that a trading entity cannot use it's control to monopolise a situation to the disadvantage of the consumer, that's in plain English."

If so, then so does any restaurant or cinema which insists you cannot bring your own food or drink onto the premises. Your legal advisor should be asked to test this in court using his own money

Buy their pellets...not legal!

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