30 replies to this topic

[ejs2404]

What is the law in Scotland regarding filming in public.
I have had issues with a very noisy nightclub at the end on the lane where i live and a friend suggested I film evidence of their behaviour.
Where do i stand?

[Kaonashi]

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Firstly, I wouldn't recommend going out filming loud and rowdy drunks on the street. Secondly, it is legal to film or take photographs in a public place such as a street.

There are any number of threads on this topic elsewhere on this forum, use the search function and you'll have all the details and debate in front of you in no time.

Edited by Bouquaine, 05 October 2010 - 09:26 AM.

[ejs2404]

Thank you....thats a big help to me.

[gordon]

The law in the UK is that you can film and photograph in any public space unless there is a specfic reason that it's not allowed(normally secure sites/military). Filming a nightclub should be no problem, you may be approached by the bouncers though who will state that you are breaking the law by filming them, they are talking rubbish. You might want to have a voice recorder running in your pocket to get the bouncers on tape incase things go badly though.

edit : Personally I don't see why people just post that disclaimer without also trying to help people out, I thought the police are supposed to be trying to get the public on their side, and general advice would be a good way of doing it.

Edited by gordon, 05 October 2010 - 09:56 AM.

[Strathy-SC]

I thought the police are supposed to be trying to get the public on their side, and general advice would be a good way of doing it.

Because he might not be a Police Officer?

I would make sure if you do decide to record anything, make sure the video displays the date/time of the recording.

You'll need to submit it into the local council.

[Kaonashi]

Personally I don't see why people just post that disclaimer without also trying to help people out, I thought the police are supposed to be trying to get the public on their side, and general advice would be a good way of doing it.

But I did help him/her out with general advice - and they thanked me.

[ejs2404]

Thank you for your advice, it is much appreciated.

I have felt that up to now i've been met with a brick wall when going to my council etc for help, its good to know there are some helpfull people out there!

[gordon]

Ah oops, I missed the actual answer underneath the Disclaimer. Most of the time people seem to post the Disclaimer and then leave. Sorry Bouquaine.

Edited by gordon, 05 October 2010 - 10:13 AM.

[ejs2404]

I have already taken some videos (just of general scene not of individuals etc) about 5 weeks ago and last night had two policewomen round at my flat to "interview me under caution" as they had received a complaint about my filming - if you can call it that - its just actually my mobile phone, which iis not great quality so you couldnt identify individuals even if you wanted to!
It's a gay club and they said many individuals may be "sensitive about being filmed", although no-one objected at the time and I must stress I was most carefull not to "get in anyones face" and just to film the general scene. This was only ever intended to be sent to my local councillors and/or the licensing board.

[Strathy-SC]

I have already taken some videos (just of general scene not of individuals etc) about 5 weeks ago and last night had two policewomen round at my flat to "interview me under caution" as they had received a complaint about my filming - if you can call it that - its just actually my mobile phone, which iis not great quality so you couldnt identify individuals even if you wanted to!
It's a gay club and they said many individuals may be "sensitive about being filmed", although no-one objected at the time and I must stress I was most carefull not to "get in anyones face" and just to film the general scene. This was only ever intended to be sent to my local councillors and/or the licensing board.

Being interviewed under caution doesn't mean you're in trouble or anything.

Personally if it were me I would be trying to avoid being seen taping them because it will just pester them, I know if someone was recording me it would annoy me, it's just about being courteous to the members of the public although there is nothing legally wrong with you videoing in a public place.

Obviously you can submit it to the council and see what they say, remember if you come to a brick wall with them (which happens a lot sadly) you have your local councillors you can speak to about it also.

[ejs2404]

Thanks again, i will take on board your advice.
Unfortunately I thought if I was open about filming it would seem less devious - lesson learned.

[Strathy-SC]

Thanks again, i will take on board your advice.
Unfortunately I thought if I was open about filming it would seem less devious - lesson learned.

You're right, but I think it makes you stand out more and therefore annoy people more.

I remember I was doing a project for my University and all I was doing was taking pictures of the University campus for a project with an DSLR camera and you should have seen the looks I was getting.

[Kaonashi]

Thank you for your advice, it is much appreciated.

I have felt that up to now i've been met with a brick wall when going to my council etc for help, its good to know there are some helpfull people out there!

If you look at the amount of time and effort that is invested in policing "the night time anarchy" - Sorry. I meant, of course, to say 'economy' - then you'll see that there are definite concerns about this widespread problem. But it seems to me that you would still be justified in pressuring for preventative measures to be put in place rather than just reactionary ones. You may want to investigate the various pieces of licensing legislation too. They say that "prevention is better than cure".

If it is such a persistant problem like you suggest, then there will undoubtedly be other residents in your area who feel the same way. It might be worth contacting them and forming some sort of 'residents group' which will provide a stronger case for action than an individual, or even a number of individuals would.

Ah oops, I missed the actual answer underneath the Disclaimer. Most of the time people seem to post the Disclaimer and then leave. Sorry Bouquaine.

Forgiven.

[ejs2404]

That advice which i plan to act on - I do know there are other residents who have been complaining about the anti-social behaviour, so it makes sense that we act together to solve this.

There was previously a nightclub in the same premises which closed in 2004, im lead to believe because of licence infringements and numerous resident complaints. Im told by long term residents that they were given assurances by the councillors at the time that i wouldn't reopen as a club. I moved into the lane in 2007 knowing nothing of the history and the club reopened as of January 2010.

Unfortunately the prevalent attitude is that its always hostorically been a club so tough, if im not happy I can move!

[Kaonashi]

That advice which i plan to act on - I do know there are other residents who have been complaining about the anti-social behaviour, so it makes sense that we act together to solve this.

There was previously a nightclub in the same premises which closed in 2004, im lead to believe because of licence infringements and numerous resident complaints. Im told by long term residents that they were given assurances by the councillors at the time that i wouldn't reopen as a club. I moved into the lane in 2007 knowing nothing of the history and the club reopened as of January 2010.

Unfortunately the prevalent attitude is that its always hostorically been a club so tough, if im not happy I can move!

You might deploy the very same argument against them:

"Historically, my residence has always been a residence", even if the resident has changed in the same way as the owner of the club has changed...

Edited by Bouquaine, 05 October 2010 - 11:14 AM.

[rosco]

I have already taken some videos (just of general scene not of individuals etc) about 5 weeks ago and last night had two policewomen round at my flat to "interview me under caution" as they had received a complaint about my filming - if you can call it that - its just actually my mobile phone, which iis not great quality so you couldnt identify individuals even if you wanted to!
It's a gay club and they said many individuals may be "sensitive about being filmed", although no-one objected at the time and I must stress I was most carefull not to "get in anyones face" and just to film the general scene. This was only ever intended to be sent to my local councillors and/or the licensing board.

I'd be interested to know why you were being interviewed under caution, what possible offence were you being considered to have committed by filming in public?

[ejs2404]

That had me puzzled too - seemed a bit of a contradiction that the policewoman started by saying I had done nothing illegal and then proceeded to get all official with her "you are being interviewed under caution, you are not obliged to say anything....." talk.

She did say that the club managment were concerned that i may have filmed any trans-gender customers , and their families may not be aware "what they are up to in their private lives" - thats their words not mine.
I can only say that as far as I was aware in filming the general scene they were just ordinary club-goers - their sexuality/religion or any other category has never been of interest to me - I only have an issue with the noise levels in the early hours of the weekend.

It may be worth mentioning that their head of security is a law student......or so he claims......

[Chewie]

...their head of security is a law student...

If I had a pound for every time I'd heard that one...

[gordon]

The caution might have just been the general panic about a possible 'hate crime', I'm pretty sure that as a white guy if I started filming a local mosque I'd get a similar visit if spotted.

[ejs2404]

I dont mean to be flippant but it seems to me as a white, protestant, straight woman - im invisible as far as any rights I may have goes..............

[Eurocopter]

I have no idea why you were questioned under caution, especially when she said you had done no illegal acts. What sort of question were you being asked?

[ejs2404]

When did i record the images? (Im angry now i didnt think at the time to ask what date were they complaining about as I have only ever taped images once and would have been interesting to see if the dates matched)
What times did i record at?
What did i use to get the videos?
Why did I do it?
What did I intend doing with the videos?
Did I incite anyone to make a disturbance while i was filming?
And how would I feel about being video taped?

[Eurocopter]

After reading the topic I was thinking you were being questioned under S.13 Criminal Procedure (Scotland) Act 1995, powers relating to suspects and potential witnesses. Did they not ask you for your details:-
>Name
>Address
>Date of birth
>Place of birth
>Nationality

[ejs2404]

Oh yes, sorry they did ask that.

I didn't mention that as i thought that would just be standard questions.

Im stil a bit confused as to who they would consider to be a suspect or potential witness..........and how that exactly fits in with my situation.

[gordon]

Of course what you could do if they visit again is also record the interview...

It would probably make them a lot more exact on the questions they asked.