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LICENSED PREMISES BAN PROCEDURE AND OFFENCE TARIFF

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 is not always transparent. Reflective of our status as a membership organisation we seek to operate as transparently 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. This tariff applies to members of the Students’ Union only. Members of the public who frequent our premises may be issued a ban or refused subsequent entry at the licensees’ discretion. 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.

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. Bans relating to BNU graduates will not be referred to a Disciplinary Panel. Instead, all bans will be issued to graduates by the Venue or Events Manager and there will be no right of appeal. However, graduates may invoke the Review Procedure outlined in this bye-law after the commensurate period of time.

9. Student Bans: Bans of 8 weeks or less will be issued by the Venue or Events Manager. Where the Venue or Events Manager considers a longer ban may be required the student will be banned pending a Disciplinary Panel and the matter will be referred for consideration under Bye Law 8: Members’ Code of Conduct and Disciplinary Procedures. The Disciplinary Panel will then also consider whether further disciplinary measures relating to wider Union engagement should be applied.

10. Union staff routinely complete reports where incidents occur on and around our licensed premises. Where these indicate a student has committed an offence detailed on the Union’s Offence Tariff a Venue or Events 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.

11. 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 Venue or Events 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.

12. 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 misconduct. If the decision is made to inform Pubwatch of an incident, a report is submitted to the scheme electronically by a Venue or Events 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.

13. 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.

14. The Union recognises 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. The rationale for such a decision will be included in the letter sent to the student or graduate receiving the ban.

15. 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.

16. 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.

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

18. A central register of banned individuals will be maintained by the Union. Records will be deleted where a ban has expired by more than three years. This takes account of the consequences of repeat offences in issuing further bans.

Appeals

19. Owing to the timescales and logistics involved in coordinating an appeal, no bans of eight 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.

20. Students wishing to appeal the outcome of a Disciplinary Panel should do so by following the Appeals procedure set out in Bye Law 8: Members’ Code of Conduct and Disciplinary Procedures.

Review

21. 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.

22. 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.

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

24. This must be submitted in writing to the Chief Executive Officer 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.

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

26. The panel will consist of a Sabbatical Officer (Chair), a Venue or Events Manager and a Senior Manager.

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

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

29. The decision of the Review Panel is final.

Offence Tariff

APPENDIX 1

DISORDERLY BEHAVIOUR

1.1 Drunk in venue

Falling over, slurred speech

Ejection with possible ban

1.2

Drunk and disorderly

1.3

Hindering the staff in their work and/or refusing to comply with a reasonable request from staff

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

Standing in front of stewards, blocking the route of staff, refusing to move on when requested by staff, wasting staff time. Refusing to leave when given a reasonable request by a member of staff (linked with drunk and disorderly), refusing to remove themselves from the vicinity when staff are dealing with an incident, stopping filming of incidents and customers when asked

Ejection with possible ban

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

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

1.5

1.6

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

Coming into venue/attempting to enter the venue whilst under a ban (especially coming in through fire doors)

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

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

2.6 Targeted abuse, victimisation, harrassment

Filming students, patrons or staff in distressing and/or vulnerable situations, for example where an individual may be unconscious or talking to the police, having a mental health crisis etc.

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

Indefinite ban – in particularly for persistent abuse and depending on the severity of the abuse.

*VM = Venue Manager

If this happens repeatedly and persistently then the person can be required to attend a meeting with the VM and receive signposting to the Advice Centre or other support services before returning to the venue

If this happens repeatedly and persistently then the person can be banned for more than four weeks

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

Direct contact with VM* outlining acceptable behaviour in the bar – Bans longer than eight weeks reported to Pubwatch and the University. 2.7 Threatening behaviour

Unwanted staring, following other customers in the venue against their will

Direct contact with VM* outlining acceptable behaviour in the venue. Incident reported to the University. 2.8

Encourage customer to report to police. Incident reported to the University.

3.1 Minor vandalism

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

3.2 Minor structural damage Minor breakage of fixtures and fittings, small holes in walls

3.3 Criminal Damage

4.1 Use of forged note

4.2 Minor Theft of customer property

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)

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

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

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

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

Ban automatically extended until damages have been paid

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

4.3 Theft of goods or services

4.4 Theft of customer property

4.5 Making misleading statements

4.6 Gaining or assisting improper entry to venue

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

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

Two-week ban

Four-week ban

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

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

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

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

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

Showing remorse should be taken into consideration when issuing ban length

Twenty-week ban / six months to be out of the venue and restorative damages Report to police

Indefinite (in line with nature of the offence committed)

Eight-week ban

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

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)

More serious fighting with intent and aggressive behaviour, aiming to wound with fists and general aggressive actions

Eight-week ban

Twenty-week ban / six months to be out of the venue

Victim should be advised they can call the police.

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

to Pubwatch.

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

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

Indefinite ban

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. The ban will be reviewed following completion of the police investigation.

7 Drugs and offensive weapons

7.1

7.2

7.3

7.4

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

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

Possession of drug paraphernalia, use of suspicion of Steroids, Diazepam, Nitrous Oxide. Search in foyer and eight-week ban

Amphetamines, Cannabis, Ketamine, Mephedrone find, poppers or suspicion of drug type Search in foyer and six-month ban

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

7.5 Drink spiking

Clear reports should be made and case passed onto VM* Incident reported to the University.

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

Clear reports should be made and the University will be informed 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. Incident reported to the University.

Drugs and name passed directly onto Police, Direct contact with VM* outlining acceptable behaviour in the venue. Signposted to Advice Centre for support.

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

7.7 Possession of an offensive weapon Possession of anything recognised as an offensive weaponcosh, 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