Nightsafe and Pubwatch schemes were formed in partnership with local licensees, Police and the Local Authority. The schemes were developed to assist the four licensing objectives of the Licensing Act: The Prevention of Crime and Disorder, Public Safety, The Prevention of Public Nuisance and the Protection of Children from Harm.
Scheme aims to promote responsible drinking and to ensure that residents, businesses, and visitors are able to enjoy the benefits of the community without the risk or fear of any nuisance or disorder caused by the behaviour of anyone people intoxicated by alcohol.
Further information from National Pubwatch
The process
An incident occurs – information is shared with the Nightsafe group and then the banning group discuss after the meeting. The Chair then informs all licensees about incidents/individuals involved at Nightsafe meetings/update of folders or via e mail.
Banning Group meets – consider incident, individuals concerned and take proportionate, balanced and reasonable action. The bans are issued following incidents and as soon as the committee has made a decision on the information available. This will normally be within a matter of days and those excluded will, where possible, be notified by letter immediately or in person.
Warning letter: This is sent to an individual for a first incident. If there is no known address for the individual, the chair or vice chair of the Banning Committee can inform the individual in person. The incident would be for a non-convicted crime and where there has been no display of violence or threatening behaviour.
3 - 6 month ban: For convicted crimes or non-convicted crimes where violence and threatening behaviour has been witnessed. If a recipient of a warning letter comes to the attention of the group again, a ban should be administered. If a banned individual enters a Nighsafe premises, their ban will be extended.
Life ban: For persistent offenders. Should be reviewed every 1-3 years. If a banned individual enters a Nighsafe members premises and refuses to leave, Police should be contacted immediately.
Appeal against Pubwatch action: Banned individuals may appeal against a banning decision anytime. The appeal must be a written request sent to the Chair of the Banning Committee or Chair of the Nighsafe scheme. A decision about an appeal can be decided by the group by a separate meeting or via e mail/phone conference. Individuals that are appealing must not approach individual scheme members either in person, by phone or by social media.
Banning criteria
| Offence | Minimum judgement ban | Suggested aggravated |
|---|---|---|
| Drunk and disorderly | Warning letter | 3 month ban |
| Threatening/violent behaviour and minor assault | 6 month ban | 12 month ban |
| Assault (ABH) | 6 month ban + | 12 month ban + |
| Assault (GBH) | 12 month ban | 24 month ban + |
| Drug offences | 6 month statutory ban | Consider extending ban on six monthly reviews |
The above criteria should be considered for first offence only – consider increasing punishment 100% should aggravating factors apply.
Assault on licensees, staff or Police must be considered a serious aggravating factor and in these circumstances the punishment must reflect this. Bans 200% to 300% should be considered depending on circumstances of offence.
Lifetime bans to be avoided unless exceptional circumstances apply. Bans until further notice reviewed every six months, or longer term bans of 3 to 5 years with a review and the end of term would be advantageous. This would allow the committee the option of imposing an increase in the ban should evidence be provided of a breach.
Aggravating circumstances
- Repeat offender
- Assault on licensed premises
- Assault on licensees and or staff
- Assault on Police
- Racially aggravated
- Breach of banning notice