Open Garden

I suspect that you are running into a minefield, Janpled. I have just got into the NGS - and it was all expained to us by the County Organiser on her visit.

You'll probably need to carry out a risk assessment, and I think that you will also need Public Liability insurance in case of accidents while the paying public are on your property. You'll need to rope off any unsafe areas, etc etc.

I think you need advice from someone who knows the legal ins and outs!

If it is just a one off for a local event and not the RGS Open Garden Scheme, then it might be worth asking your Council Health and Safety Officer to come and give you some advice. You are really opening yourself up to a forest of paperwork and stress and liability.

I think that I agree with the previous responses to your question, Janpled. Your problem is the 'small fee'. Once you charge people to come onto your property you are responsible for them.
Why not invite your neighbours in as friends (no charge) and suggest that they put a small donation in the church collecting box? You can even give them a cup of tea and a home bake without upsetting Environmental Health.
Don't blame me, blame this stupid 'nanny state' situation that we seem to have got ourselves into!

I'm afraid that charging a person has nothing to do with responsibility, liability is a problem under the Occupiers Liability Act 1957 for people who are lawfully on your land. Once they are on your land you have a 'duty of care' to ensure their safety, nothing to do with whether they have paid to be there or not! Even your neighbours could sue if they fell down a hole and injured themselves whilst on your land. This Act was passed in 1957, so the nanny state probably has nothing to do with it. What is even more obtuse is the Occupiers Liability Act 1984, where a person who is unlawfully on your land, say to rob you, can sue you if they injure themselves on your land!!!

YIKES! Andrea, that really is scary!

most people have public liabilty insurance as part of their house insurance , would this not cover such incidents?........................steve

Yes, but it probably doesn't cover the fact that the garden is open to the general public, it totally depends on the policy, you would probably need to talk to your insurers or a broker to find out if you are covered by your home insurance, opening your garden is not a usual thing, but I would say it depends on the policy. Your home insurance policy should go as far as covering the OLA 1957 and 1984, but each policy is different.