Law against ticket touting

Tim Robbins

Is there any law which stipulates you can't resell tickets at an inflated value?

I was having an argument with someone selling match tickets for the game on Saturday for an inflated value and I told them what they were doing was illegal. They claimed it wasn't.

Whose right?

Our man in Havana

There is absolutely nothing illegal about it. Ticket touting is not a criminal offence.

dats_right

It's a common misconception that reselling tickets is an offence but that is not the case it is perfectly legal. Some people have strong opinions on those who resell tickets but it must also be remembered that many people buy tickets with every intention of going to the concert, match or whatever but for whatever reason they cannot attend the event and sell their ticket, sometimes they may not even be able to achieve face value and in other cases where supply/demand dictate they are lucky to make some money.

Personally I don't see the problem as nobody is forced to buy tickets from touts, as it's ultimately a personal choice of the purchaser to pay over the odds, source a face value ticket or not go to the event. I for one have on occasion bought tickets from touts at over face value for events I otherwise wouldn't have been able to attend and have been glad of the opportunity to go.

Victor

In the UK there are some restrictions, epsecially for soccer games.

Some promoters prohibit the re-sale of their tickets at above cost, otherwise the ticket is void. There may be a fraud offence in such cases.

Our man in Havana

Victor wrote: »

In the UK there are some restrictions, especially for soccer games.

Yes, under the public order act. It also prohibits the sale of tickets persons not entitled to have them, e.g. someone selling home tickets to away supporters.

Victor wrote: »

Some promoters prohibit the re-sale of their tickets at above cost, otherwise the ticket is void. There may be a fraud offence in such cases.

Some require ID and the ID must match the name on the ticket.

grumpytrousers

as posted elsewhere, it tends to be a breach of the conditions of sale, so it's illegal in that the promoter would be able to reserve the right to bring a civil claim against a person for selling tickets at an inflated value. Read the back of your ticketmaster ticket - it says it there.

The Gardai don't have jurisdiction to pick somebody up outside the O2 for doing this; if they got a complaint from the promoter, they *might* look into it.

Our man in Havana

Not even with a complaint would the Gardaí do anything. It is a civil matter.

grumpytrousers

Bond-007 wrote: »

Not even with a complaint would the Gardaí do anything. It is a civil matter.

Aye - reckoned i was on shaky ground there alright - hence use of the word might

General thrust remains - not within the purvue of the Gardai

inspiron6000

perhaps there would be something under the casual trading act??

McCrack

inspiron6000 wrote: »

perhaps there would be something under the casual trading act??

I thought this myself, if a person is opening trying to sell in a public place.

Our man in Havana

That would be the responsibility of the local council to enforce.

Trojan911

McCrack wrote: »

I thought this myself, if a person is opening trying to sell in a public place.

How about "Obstructing the Highway" or "Street Trading without a licence"? Are these enforable over here by Gardai or is it down to the local authority?

Our man in Havana

Obstruction is certainly within the remit of the Gardaí.
Street trading would be the remit of the local authority.

garthv

There was a bill brought in back in 1998 to try and stop touting outside of concerts. The bill was basically shot down as the guards apparently have "better things to do" and it really didnt give the authorites any power to enforce a fine or imprisonment on whoever they caught touting. On top of it all, the bill never mentioned ANYTHING about internet touting so it was doomed from the start.

There was a Kerry TD who was trying to reinstate this bill last year, we had some dealing with him to see if there was anything we could help with but once he saw the scope of the touting on the internet he pretty much gave up!

McCrack

Trojan911 wrote: »

How about "Obstructing the Highway" or "Street Trading without a licence"? Are these enforable over here by Gardai or is it down to the local authority?

The Gardai do have powers under the Casual Trading Act as do authorised officers of local authorities. I've had a quick look at the legislation and it seems Joe Touter can technically be prosecuted for selling tickets (or anything for that matter) in a public place without a licence.

Our man in Havana

I have not heard of any touts ever being prosecuted under casual trading laws.

duckmusic

I was selling ticket in the car park at a certain unmentionable festival when i asked an undercover guard if he wanted to buy them. I asked for more than the face value with the intention of getting face value after the time we had bargained for a bit. He flashes his card and tells me its illegal to sell tickets over cost price if the event is sold out and confiscates my tickets.

Got them back after a few mins of arguing/ apologising and pleading ignorance. But from that experience I would say yes, it is illegal

Our man in Havana

He had no legal basis to take your tickets. Did he quote any statute?

duckmusic

No, just said it was illegal. It wasnt too bad cause I got them back in the end, but he folded them which kinda annoyed me for some reason.

I gave up selling them after that cause I thought I was doing something wrong and felt he was keeping an eye on me