WALKERS were free to wander straight across the launch zone for York's Guy Fawkes fireworks display, the Evening Press can reveal today.

Documents obtained under the Freedom of Information Act have revealed public footpaths crossing the fields at St Peter's School could not lawfully be shut, and walkers' rights to use them took precedence over the display.

As concerns grew about their potential legal headache, City of York Council bosses considered a last-minute switch of the launch site to a new location.

But none of the alternatives was suitable in terms of size or safety, said cultural events manager Peter Boardman.

However, there was a contingency plan to launch the fireworks from the enclosure at Knavesmire.

He revealed that, in addition to security staff, leisure boss Charlie Croft and a colleague, Gill Cooper, would be on hand at the St Peter's firing site "to talk to any members of the public who might have some objection to being asked not to go into the firing zone".

But he admitted that, despite these additional precautions, it was possible the display would have to be abandoned if anyone entered the exclusion zone.

The council's head of network management, Peter Evely, stressed the dilemma posed by the footpaths in an email sent the day before the November 5 event, which was intended to mark the 400th anniversary of the Gunpowder Plot.

"I need to put formally on record that the public highways crossing the firing site are available at all times for the use of pedestrians," he said.

"No order has been made to close these paths - as there is no lawful power so to do - and therefore there is no authority on the part of the fireworks company or any officer or servant of City of York Council to prevent that use.

"Any individual who wishes to use the path must be allowed to do so."

He said the fireworks company providing the display was under the impression that the footpaths would be shut, and it was possible that its risk assessment (RA) had been affected by this.

"The RA should be updated to reflect the true situation before a decision to proceed with the Fire (sic) is taken. Whilst elements of City of York Council may have formed the view that the fireworks can proceed under the arrangements proposed, the risk lies with the fireworks company, as under H & S (health and safety) legislation, they will be responsible for any injury caused to the public."

A council spokeswoman said today that it had comprehensively cleared the area and stewarded the site, including all the access points, immediately before the fireworks started.

"Anyone who came to the site was advised that the footpath was open, but were asked to wait a maximum of 15 minutes while the fireworks were going off.

"There were no problems and those people who were planning to use the footpath watched the fireworks before continuing with their walk."

Updated: 09:29 Thursday, January 05, 2006