The hotel at the centre of a dispute over public beach access claimed misinformation supplied to tourists has caused the problem.

Elbow Beach Hotel say they are having to deal with a situation created by tourists who believe Elbow Beach has the same facilities as Horsehoe Bay, and subsequently have to be turned away.

Hotel manager Bill Shoaf said they would love to take signs warning the public of a private beach down, but will not do so unless ordered to.

The notices, which are situated at the eastern side of Elbow Beach, do not have planning permission. They inform the public that that portion of the beach is for hotel guests only.

Mr. Shoaf said they are looking into the possibility of applying for planning permission.

A planning department spokesman said since the signs were structures they should have the benefit of planning permission, which they do not.

And the spokesman confirmed that Government Whip Quinton Edness was correct to warn the hotel that the public could wander where they wanted, as long they were within the high water mark.

The public can gain access to private beaches via the shore to the high water mark, but cannot walk through private property to get on to a beach. Mr.

Edness raised the issue in the House of Assembly, where he said the hotel was courting trouble by continuing to leave the signs and ropes up on the beach.

He also called for a new law to establish public access to all beaches on the Island.

Signs to stay -- for now The high water mark at the hotel stretches up the beach but not as far as the Elbow Beach buildings. It starts around 50 feet from the steps to the beach.

Mr. Shoaf admitted it was difficult for the public to know where the high water mark was and said there was a possibility the sign could be altered to make it clear where the public could roam.

He said they didn't want the signs up but said they were necessary to stop people converging on the hotel facilities, believing they were public -- a situation that had caused angry confrontations in the past.

And he blamed guidebooks and other tourist information that led visitors to believe that Elbow Beach was of a similar nature to other public beaches with a host of facilities.

All they wanted to do was keep that portion of the beach for their guests, who were paying up to $500 a night for a holiday, he said.

"Our guests spend a great deal of money to enjoy uncrowded beaches,'' he said. "We are trying to do as much as we can to educate people who have been misinformed.'' He pointed out that the hotel had provided rubbish bins and a volleyball court for the use of the public, as well as taking care of the beach.

Another sign erected by Elbow Beach says "This portion of the beach is dedicated by the Elbow Beach Resort for local residents and visitors of Bermuda...''.

Meanwhile, renovations to the main Elbow Beach Hotel building are behind schedule. Improvements to the 138-room structure are up to 40 days late.

But Mr. Shoaf said they would start taking guests by the middle of July and would be fully open by September.

He said they were referring guests to other hotels while the repairs were on-going.

"It is a very big, old building and everything takes a little longer than we thought.''