Tesco today.....

nikki_angel

I am sure that behind the customer service desk at a couple of Tesco I have seen a note that says no photographs are allowed to be taken. I think it is on their board that says about DTD etc.

I shall have a look next time I am in there.

Actually, it may even be on their doors as you go in. On the same sign as the no helmets etc

MrsBartolozzi

Keeping_Positive wrote: »

I heard stories on here where assistants have removed or changed price tags when queried so probably good that you took a photo.

I've had this happen to me, but my teenage DS1 was waiting to watch the assistant pocket the offending sign and when they both returned to the customer service desk I was told that I was wrong, until he asked her to show me the sign in her pocket. Red faces for the Tesco staff, but I've heard this goes on a lot, so it's my belief this is why the OP's member of staff was so annoyed. Apparently the DTD money comes out of shrinkage so will affect a store's performance bonuses.

advent1122

MoneySavingNovice wrote: »

In short they can ask you to leave and stop taking photographs and you are within your rights to say no.

...and they would then be well within there rights to call the police and have you "thrown out".

Lets move it from Tesco, which seems to be on everyones hitlist and move the scenario to my local Spar.
I walk into Spar with my Canon 50D and proceed to take photo's of all and sundry. The manager approaches me and asks me to stop taking photo's.
I say no.
He then asks me to leave, I say no again.
He then has to apply for a court order to stop me taking photos and begin legal proceedings to get me to leave. That could take a long time, so presumably I will need spare batterys and a sleeping bag...
....or he could just call the police who will ask me to leave, I say no to them so they arrest me for acting like a tw*t, is acting like a tw*t a civil or criminal matter?

marleyboy

As this thread is about a situation in Tesco, I think it fair and reasonable to keep it on Topic, unless of course you DID get arrested in a Spar for acting like a !!!!!!

MoneySavingNovice

To answer your (hypothetical) questions:-

advent1122 wrote: »

...and they would then be well within there rights to call the police and have you "thrown out".

Again this is inaccurate - they are within their right to call the police, but the police, assuming you had not broken any criminal law, which in the discussion above is the case, the police would be unlikely to get involved as this is a civil dispute.

....... The manager approaches me and asks me to stop taking photo's. I say no.
He then asks me to leave, I say no again.
He then has to apply for a court order to stop me taking photos and begin legal proceedings to get me to leave. That could take a long time, so presumably I will need spare batterys and a sleeping bag...

Yes you are correct.

…. or he could just call the police who will ask me to leave,

The Police may ask you to leave, but as this is a Civil Dispute they would again be unlikely to get involved.

I say no to them so they arrest me for acting like a tw*t,

Again they are unlikely to do this, as they do not have any grounds. No law has been broken, a civil dispute is ongoing. The police can only arrest some one under Criminal Law.

is acting like a tw*t a civil or criminal matter?

No idea – it depends on the circumstances. Your example above is Civil. The police cannot arrest you. If on the other hand you were drunk and disorderly, abusive, caused criminal damage, or in the case of you stated above failed to comply with a court order, which is contempt of court, the Police have the power to arrest you. These examples are Criminal Law, while the original dispute is Civil Law.


To get back to the original point.

If any shop demand that you delete a photograph taken inside their premises, and or demands you leave, legally speaking you are within your rights to say no, until such times as they gain a court order. This is a Civil Dispute. The Police would not wish to get involved, and as they only can arrest some one under Criminal Law, they cannot arrest you over such an issue until such time as a court order is obtained and you are in breach of such a order, when you are in contempt - which is a Criminal issue.

In practice I would not imagine that anyone would want to get involved in a ‘sit-in’ over such an issue, however there has been a recent example on the Isle of Wight. The reason the police did not go and arrest every-one involved there is because they had not grounds. No Criminal Law had been broken. Once the company involved gained a Possession Order, if the people involved in the ‘sit-in’ had not vacated the property, then they would have been in Contempt of Court, which is a Criminal Act, then the Police would have grounds for arrest.

I hope the above long post explains the difference clearly between Criminal Law, i.e. that which is illegal and Civil Law, i.e. a dispute between two parties.

RobertoMoir

MoneySavingNovice wrote: »

Again they are unlikely to do this, as they do not have any grounds. No law has been broken, a civil dispute is ongoing. The police can only arrest some one under Criminal Law.

A suitably creative policeman could define trespass in this manner as a public order offence and arrest for that could they not?

MoneySavingNovice

RobertoMoir wrote: »

A suitably creative policeman could define trespass in this manner as a public order offence and arrest for that could they not?

No - Trespass is not a Public Order Offence, they would not have grounds, unless you commit a public order offence!