MAny people would tend to think that this guy is wrong and that photography is indeed an art. I personally can think of many photos in which it is the actual compostition and color that I appreciate. It is important not to dismiss Scruton quite so easily though. After all, he does have some good points. A photograph is not art in the way that painting is.
Painting is a fine art while photography is more of a media tool usually.
There is certainly more freedom to create any scenario one wishes in a painting. Consequently, we see a painting as a final work while in a photo we see a picture of something. It would be ridiculous to think of a photo and a painting as art in the same sense, although art can be defined differently by separate people.