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Do I need a licence?

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serendipity2 | 02:57 Tue 29th Jul 2008 | Law
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Hi everyone! Could anyone tell me if I would need some kind of licence to charge people for taking pictures of them in a public place. Basically at the seaside town where I live, I want to be able to walk around offering to take pictures then charge just one pound to send them to the people via e-mail. It's just that it would be good practice for me plus the money would cover my expenses for the day.
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Reading your question, a couple of things spring to mind.

Be careful about pictures of kids, I must admit I'd be wary if someone was offering to take pictures of children of mine to e.mail them to me and I'd be a bit unsure about giving my e.mail address out to someone asking on the street.

Are you at a college or something to have some back up like a college letter you're getting practice for?
It very much depends on where you live and your local by-laws.

Best bet is to ring your local council.
You're perfectly entitled to take pictures of who you like, and what you like, as long as you're in a public place (or a place where the owner has granted you permission for photography).. There are a few very limited exceptions (covered by such varied legislation as the Official Secrets Act and the Sexual Offences Act), but they won't apply to you.

However, since you're planning on offering a service for payment, you would almost certainly need a street trader's licence from the local authority. Most authorities have very strict rules about issuing such licences (especially in seaside towns where many people would like to trade) and I suspect that your application would be refused.

Chris
Sorry, Chris, you do not need a Street Trading Licence (in a Licence area) or a Street Trading Consent (in a Consent Area) if you are offering a service. The restrictions contained in the Local Government (Miscellaneous Provisions) 1982 are apply only to "goods" which are sold or exhibited for sale. In addition, these are adoptive provisions which have not been adopted in all areas. The Local Authority which I used to advise on legal and licensing matters looked for ages at how to restrict the number of hair braiders and henna tattooists in the street and we could find nothing which could be used for that purpose as they were not selling goods.
While Section 3 of the Local Government (Miscellaneous Provisions) Act 1982 offered local authorities the chance to adopt standard bye-laws (under the provisions of Schedule 4), there was nothing in the Act which repealed existing bye-laws. Most coastal authorities (as well as many inland ones) already had long standing bye-laws in place (which remain valid) in relation to street trading.

There are plenty of local authority websites which include the supply of services among licensable activities. e.g.:
http://www.greenwich.gov.uk/Greenwich/Business /Licences/Trading/StreetTrading.htm

Chris
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Thank you everybody for taking time out to help me with your lengthy replies. I really appreciate it!
As the former legal adviser, for 19 years, to two seaside authorities, one very big and one small, I have never heard of anyone using byelaws to conrol street trading. Bear in mind that Greenwich is in London and has different powers to provincial authorities. Generally bylaws are ineffective to control anything and most Council officers and police will be unaware of thier presence. Even if they are, they really are not worth messing around with because of the pathetic level of punishment and the problems of properly identifying the offender.
I have just checked the Greenwich site and it is clear that the details there are for licensed streets, ie. those with a dedicated street market established on them and the provisions applied are exclusive to London. The information given is not correct for anywhere outside the capital.

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