bouncer confiscated driving licence

[lawsanass]

are bouncers allowed to confiscate your driving licence? My daughter has had hers taken as they did not believe it was her. I have called the club and they say it has been handed to the police. She did not receive any paperwork but the club say she would have from the doorman. The club tell me that the police will send it back to DVLA with the paperwork (they wont have any!!) and she will have to pay to have it returned, is this correct or should I contact the police

[oldmaggie]

Contact the police

[looby1914]

i would certainly contact the police too

[jno]

sounds like theft to me, so yes, call the police.

[lawsanass]

Thanks everyone, contacted the police who have no record. Tried to apply to DVLA online but process was halted and I was told to call. On so doing was told it was at DVLA and to send counterpart of licence and letter and it would be returned FOC. Result but hassle none the less.

[dot.haukes]

Doormen have to be licensed now as far as I am aware, see here:
http://www.the-sia.org.uk/home/licensing/statu s_intro.htm

I would double check whether this club uses licensed doormen and if they don't report the club to the SIA .

[dot.haukes]

http://www.the-sia.org.uk/home/licensing/door_ supervision/

[lawsanass]

They withheld the licence with the excuse that they believed her not to be that person and so it was therefore being used fraudulently and by the nature of that reason they are within their rights to hold the property and pass to the police. (who I have contacted today and they say they have not had it) DVLA say they have it, but it was only taken late on Thursday night, so I cant see they would have had it and processed it that quickly. The only possiblility is that DVLA are in possession of an old licence my daughter lost some time ago. I think I will call the police again on Monday to check the law position on the retention of documents. I cant imagine how much worse it would be if they did the same with a passport.

[lawsanass]

I did trawl some websites, but it seems that theft has only occured if the item was taken without the knowledge of the owner of the item. As my daughter was aware it was being taken then it was not theft, grey area I think. However, if she had held on to it or snatched it back and they had tried to forceably get it off her that would constitute assult. The club also told me if she had got in and had an accident and it was proved she was underage then they would have been liable to a �20,000 fine, that is why they say they are strict. Sadly, my daughter knows that lots and lots of the kids that were in there were actually underage, some as young as 16 !!

[poohshunny]

Surely the bouncer was asking your daughter to prove her age to enter the club. Did he allow her entry to the club? If he did not believe your daughter was the person on the licence he should have refused her entry, but as far as I'm aware should not have the right to confiscate the licence.

[lawsanass]

I think I will call the police on monday to confirm law regading such issues. You understand me correctly. She was showing the licence as proof of i.d and he did not believe her and sent her away and said he had to keep the licence and send it to the police. She did not go in the club, and was too intimidated to argue with him. I have spoken to the owner of the club and he stands by his doorman. You dont get anywhere.

[barry1010]

Please read post #50.
http://www.sheffieldforum.co.uk/showthread.php ?t=427619&page=3
Licensed doormen do have the right to seize identity documents if they believe it is being used fraudulently.

[barry1010]

The bouncer is clearly not stealing as there is no intention to permanently deprive the rightful owner. This is proved by the DVLA having possession of it now.
The bouncer would state it is his intention the driving licence be returned to the rightful owner as he believed it to be stolen or being used fraudulently.
The post I referred to is not the opinion of one club, but that of a police inspector who is acting within legal guidelines.