PHOTOGRAPHER 'ARRESTED' FOR PHOTOGRAPHING BUILDING

This kind of thing is happening far too often despite Home Office and Police authority guidelines to prevent innocent people facing 'apprehension' by security officers who think they are the law.

Original letter from Simon St Clare to the Milton Keynes Citizen

I am a keen photographer and I regularly travel to CMK to watch films in Cineworld in Xscape. In the afternoon on Monday 7 Feb prior to watching a film I was ‘arrested’ by two of the Xscape security staff for taking photos of the outside of the building. I had just spent a while taking photos of the derelict part of The Food Hall and then I strolled over to Xscape where I took a few photos of part of the Xscape building. I had only been there for two minutes when I was approached by a security guard. He questioned me on my actions and I think he asked me to leave the area. I refused to leave the area and said I had the right to take photos in a public place. I thought it was reasonable to assume I was in a public place and my normal rights still applied.

A second security guard approached us and he stood behind me – which I thought was strange. I was then told that Xscape was a privately-owned building and I needed special permission to photograph it. They said it was both illegal and against Xscape company policy for the building to be photographed without permission. They then threatened to call the police if I did not leave the area. I thought it was reasonable to assume I was outdoors in a public place and any specifics regarding a company policy did not apply – afterall it wasn’t as if I was inside the building or in a nightclub or restaurant. I invited the security to call the police as I suspected they were being over-zealous and I hoped the police would confirm this and put them in their place.

We stood there outside in the cold waiting for the police to come along to let us know who’s right or wrong. After a couple of minutes I wanted to walk away (my plan was to go to see a film in Cineworld) but both guards stepped forwards and placed their hands on my arms. They told me I couldn’t go until the police arrived. I asked them if they would restrain me if I tried to go and they said they would.

Just after that I noticed one of the guards was not wearing an SIA  (Security Industry Authority) badge – I thought a badge number was meant to be on display so that it was easier for them to be held accountable. I asked the guard if he had an SIA badge and he replied "Who are you to ask me that?". he then said something along the lines of 'A f***ing judge or a magistrate can ask me that but you can't.

I estimate it took the police ten to fifteen minutes to arrive. When they came they asked me some questions, took my details and then let me go. They were very polite and reasonable, they said I had done nothing wrong and that Xscape should have some signs on prominent display if they wanted to prevent photography outside the building. They recommended I complain to the Xscape management about the situation.

A few minutes after the police had left I spoke to the manager of the Xscape security to complain about the situation-specifically about the guard who swore at me and although he apologised, one of the things he said was to the extent of : some of their staff are direct in the way that they speak and deal with situations -they are, therefore, more suited to working later in the day when there are rowdy drunk people to be dealt with. On this occasion, he explained, one member of staff had ended up working earlier in the day than usual.

I’ve taken many photos in public places around MK and I never take photos that invade privacy. I have found that security guards often want photographers to go away – even if they have the right to take photos in a certain area. I accept that if I am approached and questioned by the police when I am near a shopping centre their intention is to protect the public. When I was approached by these guards I could not understand how what I was doing could be seen as wrong or illegal. From the moment they approached me I felt as though they were on the offensive, they were not polite and they treated me like a suspected criminal instead of treating me like a customer of the Xscape building.

Link to Report in Amateur Photographer (1)

Link to Report in Amateur Photographer (2)