Introduction
An acceptable standard of public behaviour in the premises must be a requirement from all customers. Those who do not reach the accepted minimum standard are normally required to leave the premises. This is an everyday fact of life throughout the country, often a sheepish apology from the person the next day is all that is required and the matter is finished with.
Banning and Warnings provide an option to deal with those whose behaviour requires stronger action because they have caused serious concerns through totally unacceptable behaviour that breaches the standards set by the Pubwatch. Such a person, if not dealt with by the courts and excluded, should be subject to the Pubwatch procedure and may be banned from all the premises in the watch.
How does a person get banned on Pubwatch?
Behaviour/incident
If a patrons behaviour fall beneath what is expected of a member of the public that person may be put forward, by that members premises, for consideration for a ban or a warning. Initially, the member will complete an online form explaining the details of the offence. The form consists of a tick box system whereby each tick adds to the length of the ban. The inbuilt algorithm ensures consistency with all bans.
The ban suggestion initially goes to the Police Liaison officer for review; this allows the Police Liaison to review the incident for accuracy. Thereafter, upon review, the Police Liaison will redact any information which would identify that person leaving the rough age and sex of the offender, as well as whether they have been previously banned or warned before. After that an email with a link to the ban suggestion will be sent to each member of Western Isles Pubwatch who will be given 7 days to respond to the banning suggestion. Should a majority vote in favour of a warn/ban be received a letter will be sent to the now warned/banned person informing them of their ban, the reasons for their ban and also how to appeal.
Underage incident
When an underage person is found within a licenced premise they should be asked to leave immediately and the incident noted. That Western Isles Pubwatch member may put that person forward for a ban. Should it be agreed, by majority; that person will be banned for 6 months from the date of their 18th birthday. This approach is to act as a deterrent for others to attempt to enter licenced premises under the age of 18.
Legal information
Pubwatch is a voluntary “coming together” of licensees in a particular area to protect themselves, their staff and their customers from behaviour which may, or may not be, criminal, but which is unacceptable or potentially unacceptable to the licensees. Where a Pubwatch scheme has a Police Involvement in the process, they should merely be acting as facilitators.
One question that may raise in the question of civil rights of a person involved. The only persons who have a right of entry to licensed premises are police and this right of entry is given and restricted by law.
A ban by a Pubwatch is not a punishment for offences committed by that person, but is imposed by licenses to protect their staff and customers from the behaviour of the person concerned.
When a ban has run its course without incident and it is lifted the person banned should be informed of this. They should also be informed that individual licensees still have the right to exclude them and that some may exercise that right. They should further be informed that any repetition of the bad behaviour could result in a further ban of longer duration.
Appeals
Should persons wish to appeal their ban this can be done in writing to Western Isles Pubwatch C/O 8-10 North Beach Street, Stornoway, HS1 2XP or via the ‘contact’ section of this website.
Will Western Isles Pubwatch share my photo?
Western Isles Pubwatch may share your photos with members. Should your photo be shared with Pubwatch you will be informed. The photo will only be available to members who log in to the website. The members area of the site is watermarked with the time, date, name of member logged in and the IP address being used.
Your rights under data protection legislation
You have the right to be informed of the following:
- The data controller is the Western Isles Pubwatch.
- The lawful basis for processing your personal data is necessary for the purposes of the legitimate interest of the prevention of crime.
- Your personal data include the following categories: Your name; and your photograph.
- Your personal data have been shared with members of the Western Isles Pubwatch.
- Your personal data will be retained for the length of the ban as set out in this notice.
- You have a number of rights under data protection legislation, including:
- a) The right to access your personal data;
- b) The right to have inaccurate or incomplete data rectified;
- c) The right to have your personal data erased in certain circumstances;
- d) The right to restrict the processing of your personal data in certain circumstances; and
- e) The right to object to the processing of your personal data.
- Your personal data originated from the following source:
- You have the right to lodge a complaint with the Information Commissioner’s Office (ICO). More information can be found at the ICO’s website: www.ico.org.uk.
WARNING
The decision to issue this warning notice does not prevent any Pubwatch member from excluding you from their own premises. If the licensee or his servant or agent asks you to leave, you should do so. If you fail to leave, you may make yourself liable to prosecution for an offence under Section 143 of the Licensing Act 2003. Any threats or acts of violence will be reported to the Police.