(2) On all days, exclude members of the public from walking on the Relevant Area except on at least seven crossing places, and on the day of a Racing Fixture, exclude members of the public from said crossing places as well (save that in the three days prior to a Racing Fixture, the Applicant must maintain a passage of 1- 2 metres across the northern part of the Relevant Area: ss. 17(5)(a), 17(16)).6
(3) On the day of a Racing Fixture, exclude members of the public from the Relevant Area, subject to the payment of a charge as the Applicant sees fit (s. 17(1)(b)).
20. The Byelaws, made pursuant to s. 11 of the Act, provide that:
(1) Without the consent of the Conservators, a person may not walk on the Relevant Area except at the crossing places identified in s. 17(5)(a) of the Act (s. 2(1)(j));
(2) No person shall "intentionally obstruct, endanger or give reasonable cause for annoyance to any other person in the proper use of the Downs" (s. 2(2)(e).
21. "Proper use of the Downs" for the purpose of s. 2(2)(e) of the Byelaws necessarily includes the Applicant's right to hold Racing Fixtures under ss. 14 and 17 of the Act. In accordance with ss. 4, 14, 17 of the Act and s. 2(2)(e) of the Byelaws, therefore, the Applicant has a clear legal right to hold Racing Fixtures without interference, intentional obstruction or danger intentionally caused to any person on the Downs. 22. A breach of the Byelaws is a criminal offence, punishable by a fine of up to £500 (s. 20). A police officer or servant of the Conservators may also in certain circumstances, and after due warning, remove from the Downs individuals considered to have breached the Byelaws (s. 18).
6 The crossing places across the Downs referenced in the Act should not be confused with the "Crossing Points" which traverse the Race Track itself, marked with blue lines on the Plan.
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