I'm a lawyer – little-known legal loophole means you CAN walk around naked in public… but there's a catch | The Sun

A LAWYER has revealed there's a little-known legal loophole which means Brits CAN walk around naked in public – but there is a major catch.

Debate over nudity has soared in recent days after a couple marched into a family pub completely starkers.

Unhappy punters at The Railway, in Burnham-on-Sea, Somerset, said they couldn't touch their food after nudists Neil Cox, 34, and Danielle Quiggan, 35, settled in at the bar in their birthday suits.

Scathing complaints were plastered on TripAdvisor by families who thought the pair's presence was inappropriate in a restaurant full of children.

But now, barrister Lynette Calder has stressed they're not breaking the law.

She told The Sun: "Nudity per se is not illegal unless it can be brought within offences – like harassment or conduct likely to cause a breach of the peace – or a sexual offence."

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This gives free reign for nudity-loving to bare all as much as they please.

But she stressed there is a catch – as private premises still have the right to boot nudists out or refuse to let them in.

Lynette explained: "People forget that pubs, shops or any private business premises have a right to only admit who they want to admit.

"That right is only really fettered by the Equality Act 2010 which makes it an unlawful to refuse to offer services to people on the basis of a protected characteristic."

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Protected characteristics include race, religion, sex, marital status, age and disability.

So naked men cannot be allowed to enter a premises while naked women can't as this would be discriminating based on sex.

But establishments can put a ban on ALL naked people coming in, Lynette stressed.

Following backlash last week, nudist Neil stressed to SomersetLive the pair had called ahead to ask if they would be allowed to dine naked.

He added: "We don’t think the reaction on TripAdvisor was reflective of what actually happened in the pub in Burnham-on-Sea.

"It was a new place and people were not expecting it and there was an element of surprise when we first walked in.

“We sat in the corner of the pub and had our meal. People quickly went back to their drinks and got on with their day.

“After all, two naked people sitting in a corner of a pub having a beer and burger quickly becomes boring."

NUDIST LAWS IN THE UK

Is it illegal to be naked in public?

• British Naturism has published guidance over public nudity in England, Wales and Scotland.
• Naturism is the act of going without clothes in a non-sexual manner, and it is legal.
• The guide states: "The law in the UK is clear that nudity itself is not criminal, unless there is a sexual context or intent to cause alarm and distress."
• Although it is not an offence to be naked in public in England and Wales, it can become one in certain circumstances.
• Similarly there is no Scottish law specifically against public nudity, but incidents can be classed as “offending public decency” and being a “breach of the peace”.
• According to the Crown Prosecution Service "a balance needs to be struck between the naturist's right to freedom of expression and the right of the wider public to be protected from harassment, alarm and distress".

Famous Arrest

Steve Gough, aka the Naked Rambler, has been behind bars almost continually for years for refusing to wear clothes either in public, in court or in prison.

In all, he has been convicted of around 17 breaches of the peace for walking naked since he first hit the headlines in 2003 as he walked from Land’s End to John O’Groats naked.

The oddball ex-marine always denies the charges against him, claiming that courts ordering him to put his clothes on breaches Article 8 of the European Convention of Human Rights.

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