What are my rights?

[crowdpleeser]

Today I was practicing guitar in the local park, from 10.30am until 11.30am.15 minutes into my practice, a man came up to me and told me to stop playing the guitar, ''not play the high notes'' because yesterday was a very difficult day as he had to stop a fight that day, that he was in the park for some peace and quiet before he went to the gym, and that my guitar was ''doing his head in''. I was bemused, thought about it, and politely but firmly said ''no I can't stop'', upon which he threatened to ''smash your guitar over your head you c*nt''. I carried on practicing. He walked off. He came back about 10 minutes later, sat opposite me for a little while and then began lifting large paving stones from a small wall, stacking them on top of each other. He eventually walked off. Ok, that's the facts, and this is now my opinion. I was a bit shaken, but I carried on, thinking, I have as much right to play my guitar in the park as someone has to talk loudly on their mobile phone, (which happens all the time), or for children to run around screaming or shouting (which also happens all the time). I also thought, if he wants to smash my guitar over my head, fair enough, but that's not going to stop me playing.However, I really want to know two things: First, am I breaking any kind of law by playing guitar in the park? (I wasn't singing, just picking strings for some of the time, and strumming for some of the time). Secondly,is this whole thing a question of me not respecting the purpose of a park? I AM aware that playing guitar may annoy some people who come to the park for peace and quiet, but like I said, me playing guitar in the park is by no means the only loud thing in the park.Thirdly, what can I say if someone comes up to me and asks me to stop again? What would be a good response, as my polite but firm response seemed to infuriate the man earlier. Thankyou.

[Dom Tuk]

Thanks for putting in all the details. I assume that you were using an acoustic guitar and not an electric one with some power supply wired into it from a  generator or a battery. If i were you i would have firstly got into a conversation with the gentleman at the outset about his problem the previous night...enquired about the fight, his role in it nand basically sympathised. I would have then treid to make a cursory enquiry about timings for the gym etc. This would have hopefully put your dealings with him on a friendly footing and not led to the events later. If he was just a pain in the back side and unrelenting i would then have stood my ground.

But since the events happened as you have described, I would have gathered my equipment and left. The man could have been a nutter, he was stacking up projectiles and with the best will in the world the police cannot come in time. So you would have lost your guitar and your limbs. I would have walked away if i were you. It is safer for you and your family. To that man perhaps it does not mean a thing if he has done time in the past.

[rampart]

Unless the park is quite small where the majority of the people in it would be forced to hear your guitar, I cannot imagine why you should not be able to play. If I did not like your music, I would simply go to another place in the park. I would only think someone could ask you to stop or to move if there were good cause. Perhaps the only park benches are nearby and a group of nuns are trying to meditate - then you would certainly be kind enough to move. But other than something like that, I cannot imagine why you should not be able to play as you please.

Make your own stacks of rocks and take a shield. Off to the park, then.

[mystress]

A brief answer:~

1. The Park ByLaws may prohibit live music(check with the council).

2.Many people go to Parks to GET AWAY from noise at home or work,and to say that you are "by no means the only loud thing in the park"is not an excuse,if so the park would be full of people making constant noise,and be deafening.This would be defeating the very purpose of parks!

3.Even if this guy was a "nutter" he has as much right as anyone to a bit of peace and quiet,and the way you responded to him obviously just antagonised the situation.

Everyone has a right to a space in the park, AND to a place to relax QUIETLY;if you really want to practise the guitar do so at home!

[Peter Pedant]

it's a question of age: as you get older, you just back down and go somewhere else. it is not a question of righta and standing on one's rights it becomes as you get older of rubbing along with people and not wanting to cause a scene - after all, you had gone to the park for recreation and the hastle might be doing YOUR head in.

wuzzy answer I know but I'm old

[Dark Angel]

I don't know about the legal aspect of it (playing your guitar in the park), but personally I think the angry bloke has no right to threaten you with bodily harm. There must be some sort of law against that.

According to my sister who studied British law, she once said that even if someone comes towards you in a threatening manner, or lifts an arm to strike you, that amounts  Battery.

[Dark Angel]

That was only half the answer -

Although the man was wrong to threaten you, as you were not endangering him by, for instance juggling knives  around, I agree with Dom Tuk it would be advisable in future for you to walk away, rather than to risk your life and limbs. The bloke could have been a psychopath killer.

[luckystrike]

Personally hearing you playing your guitar would certainly annoy me, as I would expect to hear people talking loudly or the noise of children shouting and playing.

My response to his comments may be to have said, 'If you think I'm breaking the law, call the police and let them sort it out.  But until that time, why don't you go and phuck yourself'.

[luckystrike]

Oh, and be prepared to run away if his threats look like they're going to turn in to actions!!

[RAYMAN]

Could have been worse you could have been practicing the bagpipes or the bongo drums,now that would do my head in

[Octavius]

Well technically you are probably both contravening the byelaws.  For example:

The Greater London Council Parks, Gardens and Open Spaces bye-laws states that....

No person shall in any open space without the consent of the Council in writing under the hand of its Clerk, operate, play, or make sounds on any musical or other instrument including any gramophone or radio apparatus or without such consent sing any sacred or secular song except on the site or sites mentioned in the preceeding bye law.

and...

No person shall in any open space bet, brawl, fight or use indecent or improper language or designedly do any act which outrages public decency or which comes within the meaning of the 4th Section of the Vagrancy Act 1824 whether the offence be committed with intent to insult any female or not.

As mystress says above, if the GLC byelaws above don't cover your area, you'd better check the ones that do.

[ludwig]

Sounds to me like he made a polite request and your reply sounded a bit snotty to him, which is why he lost his rag. Also sounds like he could be a nutter. How big is this park - about 10 square feet? Couldn't either or both of you moved apart? That's my advice to your last question. If you were there first and someone asks you to stop, say you were there first and why don't they move away if it bothers them. However if they were there first and they ask, move somewhere else and carry on.

[indian]

Octavius, does that first part mean that mobile ring tones are not allowed as well?

Flippin' 'ek crowdpleeser, I've never heard anything like it. I think he sounds like he's got 'issues'.

If it was such a difficult day he could have gone somewhere else. I mean, what if YOU'D been having a difficult day and wanted to relax by playing your guitar in the park?

[mydogsandme]

crowdpleeser- you can come and practice in my park any time you like. Put a cap down and I may well give you a tip!