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Andrewcook

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According to the TV News just now local means up to five miles. Until that point I would have questioned what is local but that distance seems reasonable. 

I wonder if Herbert Woods has not scored something of a home goal here. Wouldn't have thought that it's worth all the aggro.

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13 minutes ago, OldBerkshireBoy said:

. . . . . . . belonging to the area where you live

The area in which I live is The Broads but for my wife and I to drive to Potter & back, with no detours, is getting on for fifty miles. Local, maybe, but is that a reasonable distance or within the spirit of the guidelines?

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I think that 5 miles came from the Welsh government which announced the change today or yesterday..

With the Llywodraeth Cymru minister saying the change was from "stay at home" to "stay local" meaning 5 miles, though he admitted those in the countryside would have to go further for essential shopping.

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8 minutes ago, JennyMorgan said:

The area in which I live is The Broads but for my wife and I to drive to Potter & back, with no detours, is getting on for fifty miles. Local, maybe, but is that a reasonable distance or within the spirit of the guidelines?

Let us say the pubs were open again, now you can`t call a pub in Potter your local by any stretch of your imagination can you?

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as has been said before there is legislation and guidance, the guidance is there to aid interpretation of the legislation, the guidance says within the village or part of town that you live.

my interpretation of that is within reasonable walking distance, ie around 5 miles max. you can argue that the legislation sets no distance, but if you were stopped by a policeman his interpretation of the guidance might suddenly become relevant. yes you could argue it in court, but i can just see a judges thinking that a policemans interpretation of the guidance was valid.

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Speaking of the word 'local' ,  I watch You tube and there has been quite a few videos of someone being out and about all over from North Norfolk to Gt Yarmouth etc , well my interpretation of the 'advice' is to stay local and only go out for essential shopping and medical appointments.   Am I missing something.

 

 

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I would say local means your locality. Say for example you lived in Brundall - Strumpshaw might be OK but Norwich or Yarmouth probably not unless for education or business etc. The five miles is probably a good example even if it's not enshrined in law I bet the police or courts would view it as reasonable. 

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I’m afraid the law does not work like that. 
You define local at a set thing then it must always be that set distance. 
One persons reasonable is another person’s unreasonable. 
Ive only heard of distance prosecutions at great miles like over a hundred miles round trip. 
Over forums argue that it means your county but who knows?

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1 hour ago, OldBerkshireBoy said:

Let us say the pubs were open again, now you can`t call a pub in Potter your local by any stretch of your imagination can you?

I might, if there were a really acceptable pub there! I'm afraid that I've been spoilt by the pubs down South and now Lathams has become just another QD, I'm surrounded by three of 'em, i've no real justification for going to Potter, even for the excellent hot dog stall, if it's still there.

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in the guidance from the government there are the following extracts

Quote

National lockdown: stay at home

You should follow this guidance in full. You can be fined if you break the law.

Approximately 1 in 3 people who have coronavirus have no symptoms and could be spreading it without realising it.

You should follow the guidance on how to stop the spread of coronavirus at all times.

Quote

When you can leave home

You must not leave or be outside of your home except where you have a ‘reasonable excuse’. This is the law. The police can take action against you if you leave home without a ‘reasonable excuse’, and issue you with a fine (Fixed Penalty Notice).

You can be given a Fixed Penalty Notice of £200 for the first offence, doubling for further offences up to a maximum of £6,400.

under which for exercise

Quote

Exercise and outdoor recreation

You can leave your home to exercise or to visit a public outdoor place for outdoor recreation, such as a coffee on a bench or a picnic in a park. This can be on your own, with one other person when in a public outdoor place, or with your household or support bubble.

You should minimise the time you spend outside your home, and you should not travel outside your local area. Stay 2 metres apart from anyone not in your household or support bubble and follow the guidance on how to stop the spread of coronavirus at all times.

Quote

Travel

You must not leave your home unless you have a reasonable excuse (for example, for work or education purposes).

If you need to travel you should stay local. This means you should avoid travelling outside of your village, town or the part of a city where you live. You should reduce the number of journeys you make overall.

 above quotes from -https://www.gov.uk/guidance/national-lockdown-stay-at-home

Although not giving a set distance the guidance is clear, you will see in the first quote that it says you must follow the guidance in full and that you can be fined if you break the law. to me this means that the guidance has the full backing of the law, no ifs buts or maybe. the last quote defines local.

since it is the government that says this further argument that the guidance is not the legislation is pointless, the police will use the legislation to police the government guidelines.

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Writing about distances and what might be reasonable highlights a typical Broads oddity. The map shows it is 14.3 miles from Oulton Broad to Burgh St Peter by road so I could not reasonably go to the Waveney Inn by car, but then I could go by boat, by river it's only about 2 1/4 miles from my mooring.  I wonder if it's open?

 

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1 hour ago, grendel said:

Although not giving a set distance the guidance is clear, you will see in the first quote that it says you must follow the guidance in full and that you can be fined if you break the law. to me this means that the guidance has the full backing of the law, no ifs buts or maybe. the last quote defines local.

since it is the government that says this further argument that the guidance is not the legislation is pointless, the police will use the legislation to police the government guidelines.

Many would disagree. Guidance is not law, unless it is repeating what the law actually says.

“What is the difference between legislation and guidance?

To find out exactly what the rules are during the coronavirus pandemic, you need to look at both legislation and government guidance. Legislation sets out legal obligations and restrictions that are enforceable by law. If you do not abide by the legislation you are breaking the law. Guidance and advice is likely to be based on legislation (in which case it will be legally binding) and it might offer the best or most appropriate way to adhere to the law.

The law is what you must do; the guidance might be a mixture of what you must do and what you should do.” (source: HMG )

“They [the police] have powers to enforce the law and maintain public order, but they are not empowered to enforce the government’s guidance where it is more demanding than the law.” (source: The Institute for Government )

 

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I don't think it's about getting the tape measure out or working out can I go to A or B. The idea is that we stay at home and go out for essential shopping or exercise. You are only supposed to travel for education, work, medical appointments etc. I know everyone is desperate to get out (me included) but until the end of the month we are not supposed to make non essential journeys which a trip in a day boat probably is. I think Herbert Woods are pushing it really and encouraging people to stretch the rules. I haven't been in the pub since the end of November so I guess I can wait a few more weeks. But rest assured I will make the most of it when it's opened up :default_beerchug:

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