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Bouncer took ID

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Bouncer took ID

Postby clubeight » Fri Mar 03, 2017 10:03 am

Within a week of turning 18, I had my ID (passport) confiscated off me by a bouncer saying he thought it was fake and it didn't look like me (admittedly, I am a lot chubbier in my photo than I am now!) the reason why they took it off me was because I 'sounded nervous' and stumbled when I answered basic questions, like my postcode and star sign! - but now I'm so nervous about going out!

The problem is that I'm going on holiday in a week and I still haven't got it back. Ive been ringing the club but nobody has been there until the middle of this week. when I called I was told that I would have to speak to a manager who wouldnt be there until Thursday night. called thursday just to be told he'd gone away until the following week. I'm really panicking now because I leave for Italy next Thursday. they tell me they have a right to confiscate any ID and that I wont get it until the police have had the chance to look at it. they say that the police visit all the clubs once a week for lost items, CCTV and fake IDs. But my ID isn't fake!!! thats what is so frustrating. whenever I tell them they just say its a matter for the police and they are within their rights.
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Re: Bouncer took ID

Postby dls » Fri Mar 03, 2017 10:26 am

I am not at all clear tat they do have the right to do this. There may be a statutory provision, but I have not heard of it. Using a fake ID would be a criminal offence, so I can see that such a power might just exist.

It is for them to justify it.

Using a fake ID would be a criminal offence

Boucers themselves should be registered - you should ask for their registration details with the SIA (Security Industry Authority), and say they will be reported.
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Re: Bouncer took ID

Postby tph » Fri Mar 03, 2017 10:28 am

Contact the police and tell them that they have stolen your ID.

They have no right to take it.
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Re: Bouncer took ID

Postby clubeight » Fri Mar 03, 2017 1:09 pm

The bouncer told me he had a right to take the ID because I was committing a crime by carrying it. I told him that might be true if it was fake but he just shrugged and said that it was a police matter and that he suspected it was fake and that was all he needed to cover himself.

I looked it up on a police forum and even they can't seem to decide if it was against the law or not

http://www.ukpoliceonline.co.uk/index.p ... fiscation/

I contacted the police and they told me it was a civil matter and I should get a solicitor to write a letter for me.
Last edited by clubeight on Fri Mar 03, 2017 1:11 pm, edited 1 time in total.
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Re: Bouncer took ID

Postby dls » Fri Mar 03, 2017 1:10 pm

Tell the nightclub you will be sending them the bill for your lost holiday.
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Re: Bouncer took ID

Postby atticus » Fri Mar 03, 2017 1:51 pm

Do you have travel insurance that covers this? Might it be worth telling the insurer and seeing if they will weigh in for you against the club? Otherwise you may be claiming for your lost holiday.
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Re: Bouncer took ID

Postby tph » Fri Mar 03, 2017 3:33 pm

The police response is not correct. If someone takes something from someone else without lawful reason it is theft. I would speak to the police again and tell them that if they do not pursue the matter you will be making a formal complaint.
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Re: Bouncer took ID

Postby Smouldering Stoat » Fri Mar 03, 2017 3:53 pm

tph wrote:The police response is not correct. If someone takes something from someone else without lawful reason it is theft.


Not necessarily. A person commits theft if he dishonestly appropriates the property of another with the intention permanently to deprive that person of his property. A person acting under an honest but mistaken belief that he is lawfully entitled to do so is not guilty that offence. That might be the case if, for example, he believed that he had power to confiscate it in order to prevent a crime from being committed.
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Re: Bouncer took ID

Postby tph » Fri Mar 03, 2017 4:03 pm

Smouldering Stoat wrote:A person acting under an honest but mistaken belief that he is lawfully entitled to do so is not guilty that offence.


I don't believe that is the case. Ignorance of the law is no defence!
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Re: Bouncer took ID

Postby Smouldering Stoat » Fri Mar 03, 2017 4:21 pm

Of course it is. Dishonesty is an essential element of the offence. If I accidentally pick up my colleague's mobile and take it home from work, I am acting without legal authority, but I am not guilty because I am not dishonest. Furthermore, it is far from clear that the bouncer had no authority to confiscate it.

Has the OP approached his local paper?
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