POLICY WITH RESPECT TO EXCLUDED PERSONS
General
South Shields Pubwatch considers it important that its Members actively seek to promote measures which support and enhance the following objectives :
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Preventing crime and disorder in and around their premises.
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Preventing nuisance to neighbouring businesses and residents
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Providing a safe environment for people who frequent their premises and the staff who work there.
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Making South Shields a place where people want to live, work and visit.
Pubwatch Members welcome those people to their premises who can assist in achieving their objectives and whilst enjoying the facilities provided, behave in a responsible and appropriate manner. Pubwatch is pleased that the vast majority of their existing customers are responsible people who are an asset to their businesses and the vitality of the town.
There are, unfortunately, a minority of people whom it is considered fail to meet the standards expected of them. Pubwatch considers it vital to exclude (ban) such persons from Members premises for the purpose of promoting the objectives. In doing so it is acknowledged that people and circumstances change and it is not the intention to permanently exclude those persons who can satisfy the Pubwatch Membership that they are reformed. Pubwatch will therefore, in appropriate circumstances, consider representations from persons who wish to have their name removed from the exclusion list after a period of time (Exclusion Period) and have formulated the following Policy as a guide.
Note :
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Each case will be considered on its merits.
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It is important to note that the Policy is intended as a general guide and must not be regarded as inflexible. The exclusion periods referred to are minimum periods and in certain circumstances. Pubwatch may decide that it is appropriate to extend them. The Policy deals separately with various different categories and types of offence and behaviour. Regard will therefore be had to the cumulative effect of all matters regardless of the fact they may be spread across a number of different categories or types of offence or conduct and this may result in longer exclusion periods.
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Account will be taken of any other relevant information which comes to the attention of Pubwatch or its Members however obtained.
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In general, when applying the exclusion periods, warnings and cautions will be treated as though the individual had been convicted of the offence for which the warning or caution was issued.
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Where as a result of a relevant offence a person receives a custodial sentence, the exclusion period will be deemed to commence at the expiry of the period of the actual sentence imposed by the court.
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In relevant circumstances Pubwatch may decide to defer an exclusion or to reduce the exclusion period where the individual concerned has undertaken counselling or treatment programmes and can satisfy Members that as a result the reason for which the exclusion is being considered or has been imposed is unlikely to be repeated.
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Reason for Exclusion |
Exclusion Period |
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Drunk and General Disorder |
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Includes the use of foul or abusive language to staff or customers. Obstructing staff. Failing to comply with reasonable requests or instructions from staff.
Being found drunk and disorderly in or in the vicinity of Members premises. Disorderly or inappropriate behaviour or conduct. |
9 months |
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Violence |
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Includes causing damage to Pubwatch premises or property or damage to staff or customers property. |
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Criminal damage |
2 years |
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Violent disorder |
3 years |
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Assault |
5 years |
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Wounding, causing actual bodily harm or grievous bodily harm |
7 years |
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Dishonesty |
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Theft of property or belongings from premises or customers |
18 months |
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Drugs |
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Being found in possession of small quantities of controlled drugs |
1 to 3 years |
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Being found in possession of quantities of controlled drugs which are deemed as being intended for supply to other individuals |
5 to 7 years |
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Sexual Offences |
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Includes any incident involving indecent assault, gross indecency or unacceptable indecent behaviour |
5 to 10 years |
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Conduct |
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Entering or attempting to enter or being found on Pubwatch premises whilst excluded |
1 year |
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Entering or attempting to enter or being found on Pubwatch premises whilst excluded on a second or subsequent occasion |
3 years |
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