10 licensed premises ban procedure and offence tariff

Bye-Law 10 of Bucks Students’ Union:

LICENSED PREMISES BAN PROCEDURE AND OFFENCE TARIFF September 2017

LICENSED PREMISES BAN PROCEDURE AND OFFENCE TARIFF The following tariff and associated process covers offences, carried out on and around the Students’ Union’s licensed premises, which may be subject to disciplinary action and/or referral to support and law enforcement services. The process itself details the Union’s approach to handling breaches of acceptable behaviour, including the process for issuing bans and students’ rights to appeal.

Operating Context 1. This is an internal document, designed to guide our members’ conduct, as such UK, European and International Law take precedence over its contents.

2. Licensees retain significant authority to refuse entry and issue premises bans.

While such occasions frequently occur in the licensed trade sector the rationale and process behind such decisions it not always transparent. Reflective of our status as a membership organisation we seek to operate in as transparent a manner as possible when issuing licensee bans and this Bye Law forms the basis of our approach and decision making.

3. We operate in the best interests of our members at all times and their safety and satisfaction when using our licensed premises is our paramount concern.

The offence tariff therefore applies to our students and graduates only.

4. Members of the public who frequent our premises may be issued a ban or refused subsequent entry in-line with the offence tariff outlined within this Bye Law. However the management reserve the right to issue indefinite bans to customers outside of the immediate University community. No member of the public will have any automatic right to appeal under this procedure irrespective of the length of ban imposed.

5. The Students’ Union is an independent organisation. Therefore where members are found on the balance of probabilities to have committed an offence on the tariff the University may, in its own right, choose to invoke its own procedures independently of the Union’s.

6. Sanctions imposed under this Bye Law relate only to bar bans, liaison with the police, or Pub Watch, and possible referral to support services such as Counselling. They do not relate to the withdrawal of membership or membership privileges, arrangements for which are detailed in Bye Law 8: Members’ Code of Conduct and Disciplinary Procedures. However where the Union deem that an incident is serious enough and the Members’ Code of Conduct has been breached we reserve the right to invoke our Disciplinary Procedures as outlined under Bye Law 8, in parallel to the process outlined within this Bye Law. 2

7. This Bye Law should therefore be read in conjunction with other key documents such as the Union’s Constitution, other bye-laws including the Complaints and Appeals Procedure and the Members’ Code of Conduct and Disciplinary Procedures.

Issuing Bans 8. Union staff routinely complete reports where incidents occur on and around our licensed premises. Where these indicate a student or graduate has committed an offence detailed on the Union’s Offence Tariff a Bars Manager will issue a letter informing the student about the nature and length of any associated ban, further action such as referral, any right to appeal and the grounds and process by which an appeal may be submitted.

9. Occasionally the Union are made aware of incidents retrospectively by students or other customers, CCTV, the University or the Police. Where this occurs and a Bars Manager has cause to believe that a student or graduate has committed an offence under the tariff a letter containing the same information will be sent to the individual/s in question.

10. Any incident that is deemed serious enough may be passed on to the local Pubwatch Scheme. This includes, but is not limited to, incidents of violence, criminal damage and sexual assault. If the decision is made to inform Pubwatch of an incident, a report is submitted to the scheme electronically by a Bars Manager. If an incident involving one of our members is reported by Bucks Students’ Union to Pubwatch, the member will be informed of this in the letter notifying them of their licensee ban. Students subject to a Pubwatch ban imposed by another venue will also be precluded from entering Union venues.

11. Where bans are issued in weeks this will be academic weeks. Otherwise the penalty is lessened for students and graduates in receipt of a ban which spans academic holidays.

12. The Union recognise that every incident is different and while the tariff details maximum penalties the Union reserves the right to impose greater penalties should that be deemed appropriate. Where this occurs the decision will be made by a senior manager in consultation with a Bars Manager. The rationale for such a decision will be included in the letter sent to the student or graduate receiving the ban.

13. Letters may be in hard or soft copy and where the Union are not in possession of an accurate address contact may be attempted through social media.

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14. Where the Union have been unable to make contact any ban will still stand and deadlines for appeal remain in place. It is the responsibility of the student to maintain up-to-date contact details on University and Union records.

15. Individuals not in receipt of a letter issued by the Union detailing a ban will still be refused entry to our licensed premises.

16. A central register of banned individuals will be maintained by the Union.

Records will be deleted where a ban has expired by more than five years.

Appeals 17. Owing to the timescales and logistics involved in coordinating an appeal, no bans of four weeks or under will be eligible for appeal. Except in exceptional circumstances, for instance proven mistaken identity, where the Chief Executive Officer will retain the right to overturn a ban.

18. Students and graduates in receipt of a ban of longer than four weeks may appeal in writing to the Chief Executive no later than 14 days after the date of the ban letter.

19. Appeals may only be submitted on the grounds of: 19.a. Mistaken Identity 19.b. Overriding mitigating factors 19.c. Punishment which is disproportionate to the offence 20. The Chief Executive will only constitute an appeals panel where the appeal letter clearly and sufficiently addresses one of more of these grounds. Appeal letters should therefore be as fulsome as possible and where appropriate accompanied by supporting evidence.

21. Appeals Panels will sit no later than 30 days after receipt of the appeal letter.

22. The Panel will be consist of a sabbatical officer (Chair) and two members of Union staff, at least one of whom must be a senior manager.

23. The Panel reserve the right to consider the appeal through a desk based exercise where they consider the paperwork is sufficient to enable an appeal to be clearly upheld or overturned.

24. Students in receipt of a ban are entitled to receive redacted versions of the paperwork made available to the panel, including incident reports, except where a senior manager has grounds to believe that doing so would place students and/or staff at risk.

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25. They may also request to meet the individual in receipt of the ban, the victim, where there is one, members of Union staff and other witnesses.

26. Where the panel requests to meet individuals face-to-face a minimum of one week’s notice will be given to those asked to attend.

27. The outcome of the appeal will be communicated to the banned party no later than 14 days after the date of the appeal.

28. This exhausts the Union’s processes and there is no further right to appeal

Review 29. The Union acknowledges that a number of students and graduates receive licensee bans during a formative stage in their lives and that as time passes individuals often learn from their mistakes and grow in maturity.

30. In order to reflect that belief and enable as many graduates as possible to play an active part in their alma mater the Union has a review process in place.

31. Graduates in receipt of an indefinite ban that was issued a minimum of three years prior may request a review of their ban.

32. This must be submitted in writing to the Chief Executive detailing in as fulsome manner as possible the reason as to why they believe the ban ought to be rescinded. This may include significant evidence of growth in their personal and professional circumstances.

33. The Chief Executive will convene a Review Panel to consider the submission.

34. The panel will consist of a sabbatical officer (Chair), a Bars Manager and a senior manager.

35. Reviews will be considered within 30 days of receipt of the written request.

36. The outcome will be sent to the applicant in writing no later than 14 days after the Review Panel has met.

37. The decision of the Review Panel is final.

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APPENDIX 1 Offence Tariff DISORDERLY BEHAVIOUR

1 Offence

Examples

Maximum Action

Other action

1.1

Drunk in venue

Falling over, slurred speech

Ejection with possible ban

If this happens repeatedly and persistently then the person can be banned and referred to the Advice Centre for counselling before returning to the venue.

1.2

Drunk and disorderly

Drunken behaviour, abusing random people, knocking into people, creating a nuisance

Ejection with possible ban

If this happens repeatedly and persistently then the person can be banned and may be required to attend an advice or counselling service before being considered for re-entry.

1.3

Hindering the staff in their work

Standing in front of stewards, blocking the route of staff, refusing to move on when requested by staff, wasting staff time

Ejection with possible max. ban of two weeks - particularly if the customers are causing danger for other customers / staff

If this happens repeatedly and persistently then the person can be banned for a prolonged period

1.4

Accessing non-public areas of the venues

Wandering behind back office areas, bars or cellar uninvited

Ejection with a possible max. ban of two weeks

If this happens repeatedly and persistently then the person can be banned for a prolonged period

1.5

Smoking in a non-smoking area / smoking E-cigs

Self-explanatory

Asked to extinguish cigarette and possible ejection based on customer remorse/apology

1.6

Refusing to leave the venue

Refusing to leave when given a reasonable request by a member of staff (linked with drunk and disorderly)

Two week ban

1.7

Entering venue whilst banned

Coming into venue whilst under a ban (especially coming in through fire doors)

Ban extended by half the original ban (e.g. eight week ban, ban extended by four weeks)

Abusive Behaviour

2 Offence

Examples

Maximum Action

Other action Direct contact with BM* outlining acceptable behaviour in the venue

2.1

Random Abuse/ provoking

Shouting obscenities / intimidating shouting

Two week ban

2.2

Abusive towards on duty staff

Shouting at staff, swearing at staff, name calling

Three week ban

2.3

Inciting violence (but not taking part)

Encouraging / purposely making the situation worse

Two week ban

Direct contact with BM* outlining acceptable behaviour in the venue

2.4

Discriminatory abuse

general, racist, sexist, homophobic comments

Six week ban

Direct contact with BM* outlining acceptable behaviour in the venue

Targeted abuse, victimisation

Abuse aimed at one particular individual or group. Discriminatory abuse or threat of violence. Persistent abuse

Six week ban

Direct contact with BM* outlining acceptable behaviour in the bar - Breach of this will result in a 20 week / six month ban as repeated threats of violence incur an automatic six month Pubwatch ban

2.5

*BM = Bars Manager

Damage to property

3 Offence

Examples

Maximum Action

Other action

3.1

Minor vandalism

Writing on toilet walls, placing of stickers, urinating on fixtures and fittings, “accidental� damage from standing on furniture

Four week ban and restorative damages (e.g. hours spent cleaning)

Ban can be extended if damages are not paid. Remorse taken into consideration when issuing ban

3.2

Minor structural damage

Minor breakage of fixtures and fittings, small holes in walls

Eight week ban and restorative damages (e.g. cost of fitting new window)

Ban automatically extended until damages have been paid

Criminal Damage

Deliberate destruction of premises or fixtures and fittings, especially if damage endangers life of customers (e.g. kicking in front doors, ripping out electrical fittings/toppling of speaker stacks/climbing lighting grid)

20 week ban / six months to be out of the venue and restorative damages

Issue may be reported to police. In High Wycombe this incurs an automatic six month ban from all Pubwatch premises. Ban automatically extended until damages are paid

3.3

Theft and deception

4 Offence

Examples

Maximum Action

Other action

4.1

Use of forged note

Using forged money to obtain drinks or services where the money is an obvious forgery, multiple forged notes in the wallet

Two week ban

Where multiple notes are found on an individual there will be a higher tariff and the police may be informed

4.2

Minor Theft of customer property

Taking low monetary value items such as their drink, loose change that has fallen out of the till or another customers belongings.

Four week ban

Showing remorse should be taken into consideration when issuing ban length

4.3

Theft of goods or services

Not paying for drinks or food, pouring own, turning taps on even if not taking drink, sneaking bottles out of fridges, gaining entry without paying

Indefinite ban

Showing remorse should be taken into consideration when issuing ban length

4.4

Theft of customer property

Handbags, purses, wallets, phones, deliberately claiming the wrong coat in the cloakroom

20 week ban / six months to be out of the venue and restorative damages

Report to police

4.5

Making misleading statements

Claiming to see people fighting who were not involved, falsifying witness statements to get people into trouble or prevent someone from being banned

Indefinite (in line with nature of the offence committed)

If a misleading statement is made and the police were involved in dealing with the incident then the police are automatically informed

4.6

Gaining or assisting improper entry to venue

Coming in through fire exits without following entry procedure.

Opening a fire exit to allow friends into the venue. Using false ID, entering wrong sex toilets deliberately, Getting someone to sign them in against their will

Eight week ban

Assault and violent conduct

5 Offence

Examples

Maximum Action

Other action

5.1

Aggressive conduct

Pushing people out of the way, grabbing someone to restrain, forceful language with invasion of personal space,

Three week ban

Victim should be advised they can call the police.

5.2

Assault

Actual affray - physical contact, slapping, violent pushing, throwing a drink at someone, restraining (e.g. pinning against the wall, spitting at people)

Eight week ban

Victim should be advised they can call the police.

5.3

Violent Assault

More serious fighting with intent and aggressive behaviour, aiming 20 week ban / six months to be out of the venue to wound with fists and general aggressive actions

Automatically reported to police. Case taken to Pubwatch if deemed serious enough from reports.

5.5

Serious Violent Attack

Kicking, punching from behind, head-butting, using weapons (bottles), causing serious physical injury

Indefinite ban

Automatically reported to police. Case taken to Pubwatch.

5.6

Staff Assault

Direct assault targeted and unprovoked

Indefinite ban

Automatically reported to police. Case taken to Pubwatch.

Sexual Harassment and assault

6 Offence

Examples

Maximum Action

Other action

6.1

Verbal Harassment

Persistent and repeated harassment of a sexual nature, perhaps to a particular individual or to many

Indefinite ban

Clear reports should be made and case passed onto BM*

6.2

Sexual Harassment

Indecent exposure to cause offence, unwanted touching but not intimate and not with the clear intent to procure sex

Indefinite ban

Clear reports should be made and case passed onto BM*. Person should only be reported to the police if requested by the victim

Unwanted intimate touching, groping, restraint, deliberate use of alcohol/drugs to procure sex, using intimidation in an attempt to procure sexual activity, rape

Banned pending outcome of police investigation. If the victim does not wish to report to the police the case then any witness statements and evidence should be recorded on the night and the victim may be contacted by the Advice Centre the next working day.

Clear reports should be made but the person should only be reported to the police if requested by the victim, a lot of such cases may be dropped by the police but a common sense approach should be applied to if the ban is upheld.

6.3

Sexual Assault

Drugs and offensive weapons

7 Offence

Examples

Maximum Action

Other action

7.1

Suspected drugs use

Unusual activity in toilet cubicle, suspicious behaviour

Search in foyer and ejection

7.2

Class C Personal Possession/use/ under the influence in the premises

Possession of drug paraphernalia, use of suspicion of Steroids, Diazepam

Search in foyer and eight week ban

Drugs and name passed directly onto Police, Direct contact with BM* outlining acceptable behaviour in the venue

7.3

Class B Personal Possession/use/ under the influence in the premises

Amphetamines, Cannabis, Ketamine, Mephedrone find, or suspicion of drug type

Search in foyer and six month ban

Drugs and name passed directly onto Police, Direct contact with BM* outlining acceptable behaviour in the venue

7.4

Class A Personal Possession/use/ under the influence in the premises

Coke, E, MDMA, Heroin,- find or suspicion, admitting to using, proven taking, intelligence from staff of taking

Search in foyer and six month ban

Drugs and name passed directly onto Police,

7.5

Drink spiking

Possession of Tranquillisers, adding any liquid or tablet (even if innocent) to someone’s drink, possession of date rape drugs

Indefinite ban

Name may be passed onto Police

7.6

Possession with intent to supply

Any amount of any class of drug that is clearly not for personal use

Indefinite ban

Reported to University and Police

7.7

Possession of an offensive weapon

Possession of anything recognised as an offensive weapon - cosh, knuckle duster, steel blade of more than three inches

Indefinite ban

Reported to University and Police

7.8

Possession of a firearm or serious weapon

Gun, imitation gun, flick knife, CS spray

Indefinite ban

Reported to University and Police

*BM = Bars Manager

Bucks Students’ Union Queen Alexandra Road, High Wycombe, Bucks HP11 2JZ Tel: 01494 601 600 Email: union@bucks.ac.uk Website: bucksstudentsunion.org Bucks Students’ Union is a registered charity – no. 1144820 VAT Reg. No. 669 0980 87