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Permit or Confiscation of equipment

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    mchild
    7
    77 forum posts
    5 Jun 2006 - 10:38 PM
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    I was wondering if anyone can give me advice.

    I was taking photos in Greenwich with my compact camera and no tripod, of the cityscape, and 2 special constables came up to me and asked to see my permit. I didn't have one as the rules on their website state I don't need one if the pictures were for personal us.

    I was told that the next time I took a picture there without a permit I would have my equipment confiscated.
    I phoned the park and told them that several of us were going there next week to make an afternoon of it. We have been asked to pay 50 plus vat and complete a risk assessment form. If we have to pay for a permit, so be it, but a risk assessment form is over the top.

    I can understand if were were a filming crew with equipment. Some of the group may be using tripods, but what started off as a fun exercise, has been tainted by bureaucracy.

    What I need to know is can they confiscate my equipment?

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    5 Jun 2006 - 10:38 PM

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    Tacobumpy
    5 Jun 2006 - 10:47 PM
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    They can ask you to stop taking photos and if you refuse eject you from the park. More than liekly the indiviuals you spoke to didnt have a clue. If the website says that you don't need a permit for personal use, which is usual in most privately owned places then just print out that page and take it with you when you go and you should be all right.

    mchild
    7
    77 forum posts
    5 Jun 2006 - 10:48 PM
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    They did show me a booklet which says that permits/written permission are required, but I think that is for corporate use.

    Tacobumpy
    5 Jun 2006 - 11:03 PM
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    Statutory Instrument 1997 No.1639 Para 4(18)

    Unless the Secretary of State's written permission has first been obtained, no person using a Park shall -

    take photographs of still or moving subjects for the purpose of or in connection with a business, trade, profession or employment or any activity carried on by a body of persons whether corporate or unincorporate;



    It does not state that you need a permit for personal photos. Quote the law at them, which they obviously do not know. As I say, just print the info off and take it with you. if you're really worried try contacting soemone at the parks dept that knows what they are talking about.

    Sabreur
    Sabreur (e2 Member)
    6
    741 forum postsSabreur vcard England
    5 Jun 2006 - 11:06 PM
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    They may consider a visit by a group to be an 'activity carried on by a body of persons...unincorporate'

    Certainly for personal photos, then the law says you are allowed to take photos.

    Henchard
    5 Jun 2006 - 11:06 PM
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    If you are talking about in the Royal Park; the website clearly states it is ok for personal use.

    Where they Parks officers or Police Special constables?

    You should have obtained the names and numbers of the officers concerned then contacted a senior officer and if necessary asked for their complaints procedure. If it were me I would still contact a senior officer and ask them to invesitgate your complaint; in particular that they threatened you with confiscation of your equipment (which unless written into Statute somewhere would presumeably be a criminal offence.); they should be able to identify the officers concerned from the duty logs.

    Most of these 'jobsworths' don't really have a clue which is probably why they spend their time wandering about dressed up in a uniform trying to pretend they have some authority.

    Just Jas
    5 Jun 2006 - 11:10 PM
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    The person concerned does run a website, however, on which photographs are offered for sale.

    Where do we draw the line?

    jas

    JJGEE
    7
    4648 forum posts England17 Constructive Critique Points
    5 Jun 2006 - 11:11 PM
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    I do find this rather odd.

    Were you in he park where the 'Obsevatory' is or down the hill by the museums etc.?

    There must be thousands of tourists each year with their cameras taking photographs.

    A coach load can be a group of up to say 50 people X number of coaches at any one time and you have a large group ?

    mchild
    7
    77 forum posts
    5 Jun 2006 - 11:16 PM
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    I have phoned up the Royal Parks and it was they who hummed and harred and told me that we needed a permit and a risk assessment.

    I have to say in defence of the Special Constables/or park officials, they were very nice and apologetic.

    If a group of people go to a park for a picnic and some of them have cameras which they intend to use, all in different areas of the park, I wouldn't have thought this would have constituted as a group.

    Presume it is the usual issue of children being in the photo. Let's not re-visit THAT issue.

    Just cannot afford to have my equipment confiscated as it is used for my business, these pictures from the park are not.

    mchild
    7
    77 forum posts
    5 Jun 2006 - 11:17 PM
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    There were 3 of us at the "One Tree Hill" view point. We weren't blocking the paths or anything, and we weren't even together most of the time

    Just Jas
    5 Jun 2006 - 11:28 PM
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    Write into the park authority. This is much better than a phone call, which 'nobody remembers'.

    Follow up your letter if you do not get a satisfactory reply. Enclose the relevant extract from their website. Put it to them that they have no right in law to confiscate your camera. Put the the onus on proving it on them.

    jas

    Henchard
    5 Jun 2006 - 11:30 PM
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    Personal use is clearly ok.

    A quick google shows that the Regulations are made under the Parks Regulation (Amendment) Act 1926 to secure the proper management of the royal parks and to preserve order and prevent abuses in them which includes a requirement that anyone wishing to do certain things in one of the parks listed in those regulations must obtain the written permission of the Secretary of State. If a person fails to comply with or acts in contravention of the regulations he commits an offence under the 1926 Act. At present the court MAY impose a fine of up to 200 AFTER CONVICTION for such an offence.

    My googling would also indicate that under para. 8 of the Police (Discipline) Regulations 1965 ("Unlawful or Unnecessary exercise of authority") The confiscation of camera equipment. (App. A - 30, 31) could constitute an offence by the officer, as well as being in most cases an actionable trespass to the person or property, and in many cases a criminal offence under the Offences Against the Person Act 1861 or other statutes.

    I don't have a copy of these regs (or indeed know if the info is correct) but if anyone has access to a copy it would be very handy to have to quote back to any officer who threatens confiscation.

    Basically IMHO they can threaten all they want, but ultimately they have to prove a case in a court of law, something they are not likely to do when their website says its fine.

    mchild
    7
    77 forum posts
    5 Jun 2006 - 11:38 PM
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    Thanks for all your input. The Royal parks were going to email me an application, but haven't done so.

    The day we were going to meet up is next Monday, so written communication is probably too late.

    Now as I have told you we are planning to take photos on Monday and have a picnic - pack your brollies as it will probably rain

    Clarence
    6 Jun 2006 - 1:09 AM
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    I have spent much time in greenwich park with camera, tripod etc at all times of day and seasons and never been questioned in any way, so very surprised to read about your problems in this thread. As said above I think you had an over zealous/bored official. That place is more of a tourist attraction than most other london parks due to the observatory, maritime museum etc so is normally swarming with coach loads of visitors aremed with cameras.

    The only times those officials would have been contacted by photographers in the past would have been for a commercial shoot! That is most likely why they stated about risk assessments etc...

    As for the SPC's they like most of the standard police officers do not know all of the laws and legislations! I do know I did teach them in the past! (teaching is not the same as learning BTW!!!) They learn the mainstream stuff but not much else, they will have been told about recent events of trying to stop photographers taking photos in public places but they will more than likely unaware that they are not allowed to touch your equipment as that can lead to a charge against them by law!

    Take a print out of their web page and if you are approached then show that to them. I doubt you will be though.

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