35. Regardless of whether the event is a small fell race, charity hike or large mountain biking race, the organiser will need the consent of the landowner, even if it is Open Access land (England and Wales) and this may sometimes necessitate negotiating a fee for access. Usually, it is larger and commercial events that are charged fees, and most landowners are very welcoming of access on their land and simply appreciate being consulted early.
36. If the event makes exclusive use of Public Rights of Way (for running, walking events) and/or bridleways (for running, walking and pedal cycle events), the landowner cannot object to access or insist on charging for access. In this instance, the organiser may wish to take a pragmatic approach to consultations and only consult when a Right of Way passes through farmland, a farmyard or someone’s residential property. If this approach is taken, the event organiser clearly still has an obligation to liaise with the affected persons and mitigate any impacts and/or inconvenience caused by the event taking place.
37. It should be noted that ‘a race or trial of speed’ by bicycle on a bridleway requires consent from the Highways Authority.
38. It is good practice for event organisers to consult with all those whose land is likely to be affected.
39. Organisers should also be aware that the law in England and Wales states that a Public Right of Way cannot be blocked. For example, by event infrastructure or simply the mass movement of participants in one direction along a narrow section of path, regardless of whether the landowner has granted permission.
40. In Scotland, an Access Exemption Order, can be granted to provide for temporary occupation of a path.
41. In Scotland, it is slightly different with the Scottish Outdoor Access Code providing wide ranging rights of access, even for commercial events. However, if any infrastructure, facilities, signage etc. is required on private land, then the landowner’s permission is required. In practical terms adventure sport event organisers will usually need to liaise carefully and gain the consent of the landowner.
42. In most cases, not consulting with the landowners is considered bad practice and may be illegal, leaving the organiser open to criticism or in a worst case, prosecution. Failure to consult undermines the good practice of many other event organisers.
43. GPS devices can be used to direct participants as an alternative to signage.