Suffolk Constabulary Policies & Procedures · 2016. 9. 22. · Suffolk Constabulary Policies & Procedures Document Classification: Not Protectively Marked ... Pubwatch Logo and Stickers

Suffolk Constabulary Policies & Procedures

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Document Classification:

Not Protectively Marked


NOT PROTECTIVELY MARKED

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Title: PUBWATCH Index: Introduction

Initial Enquiries Inaugural Meeting Structure of Pubwatch Pubwatch Meetings Communication Disclosure General Requests for Disclosure of Information to Propose Ban Consideration to Ban Requests for Disclosure of Electronic Data/Photographic Image Offences Committed In Close Proximity To Licensed Premises Appeals Process Exclusion Orders Review of Released Data and Files Retrieving Data Documentation Review and Weeding of Data Pubwatch Logo and Stickers Other Watch Schemes

1 Introduction 1.1 Pubwatch is a community based crime prevention initiative involving

licensees, police and other agencies. It relies on rapid, accurate and efficient communication of details about potential problems involving incidents linked to licensed premises. The scheme enables better communication between licensees and Police and provides a forum for discussion and solutions to problems relating to violence and disorder incidents linked to licensed premises.

1.2 Licensees are responsible for running Pubwatch schemes. Police have no

controlling function in a Pubwatch scheme and must not, under any circumstances, get involved in any decisions a Pubwatch scheme makes in respect of banning an individual from licensed premises as this could breach Human Rights legislation.

1.3 Support, including administrative assistance, help and advice only may be

provided.

2 Initial Enquiries


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2.1 Requests from Licensees to set-up a Pubwatch scheme will be dealt with by their local Community Watch and SNT Liaison Officer who will be responsible for:

• Providing guidance • Distributing of introductory letters to eligible Pubwatch members • Organising Pubwatch Launch Meetings • Ensuring relevant documentation is completed • Setting up initial Pubwatch Meetings • Arranging for members to have access to Suffolk Pubwatch Online -

www.suffolkpubwatch.co.uk.

3 Inaugural Meeting 3.1 A letter of invitation should be sent by the Community Watch & SNT Liaison

Officer to all eligible local licensees inviting them to attend an inaugural meeting where the benefits of setting up a Pubwatch scheme and what it involves will be explained.

3.2 These meetings should be held, if possible, at locations other than police

stations and be chaired by a police representative.

4 Structure of Pubwatch 4.1 Licensees should be the officers of Pubwatch schemes; not members of the

police. How many officers each Pubwatch scheme should have is a matter for the local scheme membership to decide.

5 Pubwatch Meetings 5.1 Once a Pubwatch scheme has been established it is recommended that

Pubwatch meetings should take place on a quarterly basis. Police should help organise the first meeting after which future meetings should be self-administering and arranged by Pubwatch members. Additional meetings to discuss the banning of individuals from Pubwatch member premises can be arranged as required.

5.2 A police representative should attend Pubwatch meetings to provide support,

information and advice only. They should not, under any circumstances, participate in Pubwatch decision-making.


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5.3 On occasions, Pubwatch members may wish to meet in the absence of a police representative.

6 Communication 6.1 Effective communication is the essence of a successful Pubwatch scheme

and communication should be encouraged as a regular agenda item at Pubwatch meetings

6.2 The main forms of communication between licensees are: Suffolk Pubwatch Online 6.3 Suffolk Pubwatch Online allows communication between scheme members,

the police and other agencies. The system enables Pubwatch members to access on-line photographic images of individuals banned from entering Pubwatch member premises within their scheme area. There is a membership cost involved but financial support may be available from other sources such as the local Community Safety Partnership.

6.4 Community Watch and SNT Liaison Officers/Pubwatch Liaison Officers will

arrange for members to have access to Suffolk Pubwatch Online and will provide guidance on how to use the system. A limited number of third party accounts can also be created on behalf of Pubwatch schemes by a Community Watch and SNT Liaison Officer/Pubwatch Liaison Officer allowing a restricted level of access to the web site by persons such as Local Authority Licensing Officers and Community Safety Officers who have ‘active’ interaction with a Pubwatch scheme or schemes.

Police Direct 6.5 Police Direct is a free messaging service provided by Suffolk Constabulary

and is available to everyone in Suffolk. It enables police to circulate messages by email, SMS text messaging or voice-recorded messages. This system can be used to complement the facilities provided by Suffolk Pubwatch On-line.

7 Disclosure General 7.1 Disclosure of electronic data/photographic images/information assists

members of an approved Pubwatch scheme to identify named individuals who are:


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• excluded from licensed premises by court order;

• who are declared by a court to be a habitual drunk under Licensing Acts; or

• likely to lead to criminal acts against customers, staff, licensees,

particular licensed premises or other person or property, in or directly associated with particular licensed premises.

7.2 Disclosure of electronic data/photographic images/information should only be

disclosed in accordance with the Protocol (Form Pubwatch 1 – Appendix A). 7.3 Decisions to disclose electronic data/photographic images/information must be

on a case-by-case basis. It must be relevant, proportionate and demonstrate substantial grounds for suspecting the likelihood of commission of criminal acts, or disorderly conduct likely to lead to criminal acts against customers, staff, licensees, particular licensed premises or other persons or property, in or directly associated with particular licensed premises.

7.4 In making the decision, the Disclosure Officer must consider:

• the offences previously committed by the subject of the photograph and/or information;

• the likelihood that a further offence may be committed by that person or

the likelihood that the person’s conduct may lead to a further offence being committed;

• whether it is necessary to disclose identifying information to enable the

appropriate preventative action to be taken in respect of that further offence or conduct;

• whether the disclosure is relevant, necessary and proportionate.

8 Requests for Disclosure of Information to Propose Ban 8.1 Licensees of Pubwatch schemes can request disclosure of information on

individuals who cause or threaten damage, disorder, violence, deal in drugs in their licensed premises, or are a general nuisance, by submitting Pubwatch Form 6 (Appendix F), or by completing the on-line form.


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8.2 A Disclosure Officer (Police Officer of at least rank of Inspector or above) will consider the request and nominate a Police Officer or a member of police staff to act as Pubwatch Liaison Officer.

8.3 The outcome of the request will be recorded on the submitted Pubwatch Form

6 by the Disclosure Officer and returned to the Licensee via a nominated Liaison Officer.

8.4 The Liaison Officer will record details of the disclosure on the Record of

Disclosure Form (Pubwatch Form 11 - Appendix K). 8.5 A copy of the Request for Information form and the Record of Disclosure Form

will be kept in accordance with Force policy.

9 Consideration to Ban 9.1 Pubwatch bans are decided case by case. A Licensee proposing a ban will

attend a Pubwatch meeting to provide facts of the incident that the offender has been involved in. Police should take part in the meeting by providing, if requested, advice and legal guidance but must not participate in the final decision making process.

9.2 The decision to ban must be agreed by a Pubwatch Banning Committee and

be documented at the meeting in both the minutes and on Form Pubwatch 6 and/or 7 (Appendix F and G).

9.3 Where a decision has been made by the Banning Committee to implement a

ban, the proposer of the ban and Pubwatch Chairperson can then request a photograph of the offender by completing Form Pubwatch 7 (Appendix G), and sending it to the Disclosure Officer.

9.4 If a decision is made not to ban an offender, no further action is required. 10 Requests for Disclosure of Electronic Data/Photographic Image 10.1 A Disclosure Officer fully assesses a request for disclosure of electronic data

or photographic image by completing Disclosure Officer Form (Form Pubwatch 8 - Appendix H).

10.2 Where a disclosure request has been authorised, a Licensed Premises Ban

letter (Form Pubwatch 9 – Appendix I) will be sent to the subject’s last known address informing them of the intended disclosure and the reasons for it.


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10.3 The subject of the disclosure will have 14 days after the date of posting the letter to appeal.

10.4 After a period of 14 days (to allow for appeal), the banned person’s

photographic image, which should be a good and current likeness of the subject, will be electronically inputted onto the Pubwatch Online encrypted website by the Pubwatch Liaison Officer.

10.5 Photographs of persons under the age of 18 and surveillance photographs

must not be used.

11 Offences Committed In Close Proximity To Licensed Premises 11.1 In the case of offences committed ‘in close proximity’ to licensed premises,

judgement will need to be exercised on each occasion as to whether the connection between the conduct of the offender and the premises in question is sufficient to justify supplying photographs to scheme members for the purpose of the prevention and detection of crime.

12 Appeals Process 12.1 Appeals should be made in writing to the Pubwatch Chairperson, c/o the

Pubwatch Liaison Officer. 12.2 The Pubwatch Liaison Officer will acknowledge, in writing, receipt of the

appeal. 12.3 When an appeal is made the Pubwatch Banning Committee will consider the

following:

• The seriousness of the incident for which the ban was imposed • The feelings of all persons involved • The acceptance (or not) of wrong doing by the subject of the proposed

ban • Any restitution already taken • Any other relevant details

12.4 The subject of the appeal will be informed, in writing, of the Pubwatch Banning

Committee’s decision regarding the banning order. 13 Exclusion Orders


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13.1 The Licensed Premises (Exclusion of Certain Persons) Act 1980, permits a court to make an exclusion order against a person who has been convicted of violent behaviour on licensed premises.

13.2 Where an exclusion order has been granted, Pubwatch members may request

a photographic image of the person or persons to whom the order refers. The Disclosure Officer will complete Form Pubwatch 8 – Appendix H.

14 Review of Released Data and Files 14.1 The Review Officer, a police officer of the rank of at least Chief Inspector, will

be responsible for ensuring compliance with the protocol and this procedure. Electronic data and files released will be reviewed by the Review Officer every three months and endorsed accordingly on the Register of Disclosure (Form Pubwatch 11 – Appendix K).

15 Retrieving Data 15.1 Data will remain the sole property of the Chief Constable. Liaison Officers

may retrieve all or any data from a Licensee at their sole discretion upon service of notice in writing where it is considered:

• the continuation of the agreement no longer serves the interests of the

Pubwatch scheme or the detection or prevention of crime; or • the Licensee is in breach of the terms and conditions of the agreement.

16 Documentation

• Disclosure of Photographs and/or Information to Approved Pubwatch Schemes (Form Pubwatch 1 - Appendix A) to be signed by Pubwatch Chairman when setting up new scheme.

• Pubwatch Disclosure Agreement (Form Pubwatch 2 – Appendix B) to

be signed by all Pubwatch members who wish to join Pubwatch scheme.

• Data Processing Agreement (Form Pubwatch 3 – Appendix C) is a

signed agreement between Suffolk Constabulary and the Suffolk Pubwatch Online Database Company.


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• Undertaking of Confidentiality (Form Pubwatch 4 – Appendix D) to be signed by each employee of the Database Company to indemnify the Chief Constable and officers against unauthorised disclosure.

• Security Report (Form Pubwatch 5 – Appendix E) to be completed by

any member of Pubwatch or the Data Base Company when possible attempts or breaches of security of the scheme occur.

• Request to Police for Disclosure of Information (Form Pubwatch 6 –

Appendix F) to be completed by licensee when requesting information on the suspect involved in an incident at licensee’s premises.

• Request to Police for Disclosure of Photograph (Form Pubwatch 7 –

Appendix G) to be completed by proposer of the ban (Licensee) and the Pubwatch Chairperson.

• Disclosure Officer Form (Form Pubwatch 8 – Appendix H) to be

complete by Disclosure Officer following request for electronic data or photographic image.

• Proposed Licensed Premises Ban letter (Form Pubwatch 9 – Appendix

I) to be sent to last known address of subject of the intended disclosure 14 days before disclosure is made.

• Review Officer Form (Form Pubwatch 10 – Appendix J) to be

completed by the Review Officer to ensure compliance with protocol and procedures with regard to disclosure of electronic data and photographic image and/or information.

• Record of Disclosures (Form Pubwatch 11 – Appendix K) to be

completed by Review Officer when released electronic data and files have been reviewed.

17 Review and Weeding of Data 17.1 Retention of the disclosed data should be for the minimum period required to

achieve the objectives of the protocol. This will be no longer than 28 days after the expiry of the ban, after which the data will be removed from the Pubwatch Online electronic database and/or returned to the originator for destruction.


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17.2 All disclosures shall be reviewed by a police officer of at least Chief Inspector rank at three monthly intervals.

18 Pubwatch Logo and Stickers 18.1 Pubwatch Schemes should be encouraged to use the approved ‘Behave or be

Banned’ poster and logo to promote corporacy. Pubwatch posters and stickers are available to members free of charge. Appropriate use of the poster will ensure that persons using Pubwatch and/or Club Watch premises are aware of the ‘Banned from one, Banned from all’ principle.

19 Other Watch Schemes 19.1 Other watch schemes such as Club Watch, Bar Watch and Nightsafe Group

have the same aims as Pub Watch, albeit with regard to a particular kind of licensed premises. These and all other related schemes will be administered in accordance with the Pubwatch Procedure.

Department: Citizen Focus

See Also: Human Rights Act 1998

Data Protection Act 1998 The Licensed Premises (Exclusion of Certain Persons) Act 1980 www.nationalpubwatch.org.uk

Authorised By: Inspector Community Safety Author: Senior Crime Reduction Officer Next Review Date: August 2011 Date Reviewed: August 2009 Date Created: 22 December 2005 Registry Reference:

HRA Compliance: 10 March 2006 HRA Auditor: AK


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APPENDIX A - Form PubWatch 1 SUFFOLK PUBWATCH ONLINE

A PROTOCOL FOR THE DISCLOSURE OF PHOTOGRAPHS AND/OR INFORMATION TO APPROVED PUBWATCH SCHEMES

1. Parties/Signatories

1.1 District Commander of the ...........................……………….. District of

the Suffolk Constabulary on behalf of the Chief Constable.

1.2 Chair of the ...................................... PubWatch Scheme acting on

behalf of the members

1.3 It will be the responsibility of the parties to ensure that:

• the terms of this Protocol and of the Agreement between the Chief Constable and individual licensees are observed and performed;

• realistic expectations prevail from the outset;

• ethical standards are maintained;

• a mechanism exists by which the exchange of electronic data and/or photographs can be controlled;

• appropriate training/instruction is provided;

• adequate arrangements exist to test adherence to the Protocol.

2. Purpose

2.1 To facilitate the disclosure of electronic data and/or photographic images

and/or information to assist members of an approved PubWatch scheme identify named offenders who are: -

• Excluded from licensed premises by court order, or


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• Who are declared by a court to be a habitual drunk under the Licensing Acts, or

• Where the disclosure is necessary to prevent criminal acts, or disorderly conduct likely to lead to criminal acts, against customers, staff, licensees, particular licensed premises or other persons or property, in or directly associated with particular licensed premises.

3. Information Exchange

Electronic data and/or Photographic images and/or information will only be disclosed to licensees who have entered into an agreement with the Chief Constable, in the form set out in this document.

3.1 Personal Data - Power to Disclose

(a) Public Interest If informed consent has not been sought, or sought and with-

held, the agency must consider if there is an overriding public interest of justification for the disclosure. In making this decision, the following questions should be considered:

• Is the disclosure necessary for the prevention or detection of crime, prevention of disorder, to protect public safety, or to protect the rights and freedoms of others?

• Is the disclosure necessary for the protection of young or other vulnerable people.

• What risk to others is posed by this individual?

• What is the vulnerability of those who may be at risk?

• What will be the impact of disclosure on the offender?

• Is the disclosure proportionate to the intended aim?

• Is there an equally effective but less intrusive alternative means of achieving that aim?


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(b) Non-disclosure Exemptions

Under Section 29(3) Data Protection Act 1998 disclosure may be made where it is for the purpose of the prevention or detection of crime, apprehension or prosecution of offenders but only where failure to disclose would be likely to prejudice those objectives. Decisions must be made on a case by case basis.

Any request for information whose purpose is the prevention or detection of crime should specify as clearly as possible how failure to disclose would prejudice this objective. The request should make clear:

• why the information is necessary

• why it is envisaged that a successful disclosure would prevent crime.

(c) Human Rights - Article 8

Article 8 of the European Convention on Human Rights states that everyone has the right to respect for his private and family life, his home and his correspondence and that there shall be no interference by a public authority with this right except as in accordance with the law.

This Protocol identifies :

• Public Safety

• The prevention of crime and disorder

• The protection of health or morals

• The protection of rights or freedom of others

as the legitimate aims that are applicable.


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3.2 Extent of Electronic Data and/or Personal Data Disclosed

• a photographic image from police records; • the person’s name, date of birth, and location of residence only

(“the information”).

The identity of the originator must be recorded against the relevant

data. No secondary use or other use may be made unless the consent of the disclosing party to that secondary use is sought and granted. Disclosure must be compatible with the second data protection principle: “Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes”.

3.3 Proportionality

The principle of “Proportionality” is a common theme running through both the convention rights and judgements of the European Court. It is explicitly expressed in the limitations contained in articles 8 to 11 where it is stated that any interference or restriction of those rights must be lawful and “necessary in a democratic society”. Any restriction of rights must, therefore, be justified in that a fair balance must be achieved between the protection of an individual’s rights with the general interests of society. In the context of information exchange, any disclosure of information should be restricted to a minimum and be the least damaging that is required in achieving the crime prevention objective.

3.4 Review and Weeding of Data

Retention of the disclosed data should be for the minimum period required to achieve the objectives of the protocol. This will be no longer than 28 days after the expiry of the ban, after which the data will be removed from the PubWatch Online electronic database and/or returned to the originator for destruction.

All disclosures shall be reviewed by a police officer of at least Chief Inspector rank at three monthly intervals.


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3.5 Data Quality

Information discovered to be inaccurate or inadequate for the purpose will be notified to the data owner who will be responsible for correcting the data and notifying all other recipients of the data, who must ensure that the correction is made.

4. Security

4.1 Security Statement

All licensees within the Scheme who have entered into an agreement with the Chief Constable may be given electronic data and/or a photographic image (provided such photographic image exists) and/or information of the person banned or excluded. Members of the Scheme will ensure that:

• The electronic data and/or photographic images and/or the information will not be displayed publicly and will at all times be kept in a secure area or in a secure folder. All hard copies of the data will be reviewed regularly and if no longer current or applicable, be destroyed by means of shredding or tearing into small pieces.

• The electronic data and/or folder and the photographic image and/or information will at all times be kept in an area not accessible by members of the general public. When not in use the computer will be locked or switched off. Any folder and / or photographic images and/or information contained therein are to be kept in a secure area of the premises not accessible to the members of the general public.

• The electronic data and/or photographic image and/or information will only be shown to employees of the licensee or Security Industry Authority (SIA) registered doorstaff on duty at the premises who have dealings or are required to have dealings with the persons attending the premises, e.g. Not cleaning staff.

• Each photographic image will either be electronically released by the PubWatch Online encrypted database against password, or signed for, by the licensee of each licensed premises.

• A record, either electronic, or manual, will be kept of each


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photographic image in each premises. This will be kept on the PubWatch Online encrypted database, or in a file at the Police Station to be reviewed by the review officer in accordance with paragraph 3.4 of this Protocol.

• The Police reserve the right to conduct spot checks to ensure that adequate security arrangements are in place in each licensed premises.

• The data will remain the sole property of the Chief Constable.

• Licensees are reminded that failure to maintain the security of any data provided to them under this arrangement may result in civil or criminal legal action being taken against them under the Data Protection Act 1998 or Computer Misuse Act 1990 and may result in them operating in breach of the conditions of their license contrary to The Licensing Act 2003.

4.2 Designated Officers

The following are designated to assume responsibility for data protection (including notification if appropriate) security and confidentiality and compliance with legislation :

The Constabulary will nominate :

• A Review Officer of at least the rank of Chief Inspector to ensure compliance with this Protocol, Policy and associated procedures.

• A PubWatch Disclosure Officer for each approved scheme of at least the rank of Inspector. They will assume responsibility for data protection; security and confidentiality; the distribution of the data (either in electronic or manual form); compliance with legislation; the Protocol; Policy and any written agreement under the scheme.

• Liaison Officers to work at the direction of the Disclosure Officer.

The Chairman of the Pub Watch Scheme will:

• Hold Pub Watch meetings at regular intervals


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• Ensure that the Pub Watch scheme has a Banning Committee duly elected by the members.

• Assist the PubWatch Disclosure Officer/Liaison Officers to ensure that members comply with this policy.

The individual licensees of the approved scheme will:

• Be responsible for training their staff and agents in compliance with the Protocol, policy and written agreements.

• Be responsible for their and their employees’ or agents’ adherence and compliance with the Protocol, policy and written agreements.

4.3 Indemnity

Each licensee will enter into an Agreement with the Chief Constable in which the licensee will indemnify the Chief Constable from and in respect of any claim for damages and legal costs that may arise from improper disclosure in breach of the Agreement (see written agreement Form PubWatch 2 (Appendix B)

4.4 Documentation

Disclosures and requests for disclosures must be made in writing and retained. The decision to exclude persons under the approved scheme will be made in accordance with the rules and constitution of the scheme. This decision will be documented at the meeting, in both the minutes and on form PubWatch 6 and/or 7’ (Appendix F and G),

The form PubWatch 6 and/or 7’ (Appendix F and G),

• Will be signed by the person proposing the ban and the Chairperson of the meeting.

• Once signed, will act as the request for disclosure and be forwarded to the disclosure Officer.

• The PubWatch Disclosure Officer will make and document on the form


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the appropriate decision and then return the form to a Liaison Officer for action.

• The Liaison Officer will maintain a register of disclosures of �� photographic images and/or information that will be attached to the form. (See PubWatch 11 (Appendix K).

• The forms, whether the disclosure is authorised or not, will be retained for the period of the exclusion and disposed of in accordance with MOPI. If disclosure is authorised, the form will be retained for the period of the exclusion and reviewed every three months.

• At the end of the disclosure period the electronic data and/or photographic images and/or information will be recovered by the Liaison Officers. The electronic data will be removed from the PubWatch Online database. Any manual items will be returned to the Disclosure Officer who will ensure the retention, review and subsequent destruction of the data in accordance with MOPI..

• The register of disclosure of the electronic data and/or photographic image and/or information will be retained in accordance with the requirements of MOPI [6 Years]

5. Complaints and Breaches

5.1 In the event of a complaint being made that any party has committed a

breach of this Protocol, the following procedure will apply:

• Details of all complaints will be referred to the Review Officer, who will make a written record of the complaint and will propose what action should be taken in consequence of any breach. The Force Data Protection Officer will be informed of any complaints or breaches and any subsequent action taken.

• Any complaint against a Police Office or member of police staff will be dealt with under normal police complaints procedures.

6. Requests for Information


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6.1 Subject Access

The Force Information Compliance Manager will deal directly with all subject access applications made to the Suffolk Constabulary. Any such requests that may be received by officers must, therefore, be forwarded, without delay, to the Information Compliance Manager at Police Headquarters, Martlesham Heath, Ipswich IP5 3QS. The appointed Disclosure Officer (Inspector) will be responsible for liaison with the Force Information Compliance Manager.

6.2 Freedom of Information

Requests under the Freedom of Information Act, which may involve access to policy documents and the decision-making processes, should be forwarded to the Suffolk Constabulary Freedom of Information Coordinator.

7. Signatures

Signed……………………………District Commander ……………………… District

Signed ………………………… Chair of the .....................………..PubWatch Scheme

Dated this day of 200


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APPENDIX B - Form PubWatch 2 SUFFOLK PUBWATCH ONLINE

PUBWATCH DISCLOSURE AGREEMENT

An Agreement made the day of 200

between

the Chief Constable of Suffolk Constabulary of Police Headquarters, Martlesham Heath, Ipswich, Suffolk IP5 3QS (hereinafter called “the Chief Constable”) of the one part

and of

(hereinafter called “the Licensee”) of the other part

WHEREAS

1. The Licensee desires the use of electronic data and/or photographic images (hereinafter referred to as “the prints”) taken of individuals in police custody and/or information in relation to the same (hereinafter referred to as “the Information”) to assist the licensee to exclude named offenders from licensed premises for which he/she is responsible.

2. The Chief Constable is willing to provide the use of the said data/images/information on the following terms and conditions.

In consideration of the mutual obligations set out below it is hereby agreed that :

1. Obligations of the Licensee

The Licensee undertakes:

1.1 To be and to remain a member of an approved PubWatch Scheme within the county of Suffolk.

1.2 To abide by the rules of the PubWatch Scheme, the Protocol relating to the disclosure of the electronic data and/or prints and/or Information and this Agreement.

1.3 To keep the electronic data and/or prints and Information at all times on either the PubWatch Online electronic system, or in a folder together with any


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subsequent prints or Information so provided by the Chief Constable to the Licensee.

1.4 To ensure that the electronic data and/or folder with the prints and/or Information contained therein are only used in accordance with the terms of this Agreement and are kept in the licensed premises known as ………………………………………..……..

1.5 To ensure that the electronic data and/or prints and/or the Information are not displayed publicly and are not removed from the said premises other than with the consent of an Officer of the Suffolk Constabulary.

1.6 That none of the electronic data and/or prints and/or Information provided to the Licensee will be disclosed, copies reproduced or otherwise distributed to individuals or other licensees without the express permission of a Liaison Officer of the Suffolk Constabulary. All hard copies of the data will be reviewed regularly and if no longer current or applicable, be destroyed by means of shredding or tearing into small pieces.

1.7 That the electronic data and/or folder and the prints and/or Information contained therein will only be used by the Licensee to identify named persons who have been excluded from licensed premises under the rules and constitution of an approved PubWatch Scheme or excluded by Order of a Court and will only be shown to employees of the Licensee or his agents on duty at the said premises who have dealings or are required to have dealings with the persons attending the said premises. The Licensee’s employees and agents will be advised of the need to ensure that the confidential nature of the electronic data and/or prints and/or Information is maintained.

1.8 That the electronic data and/or folder and the prints and/or Information contained therein will at all times, when in use, be kept in an area not accessible by members of the general public and when not in use they will be kept in a secure area of the premises not accessible by members of the general public.

2. Ownership of the electronic data and/or Prints and Information

2.1 The electronic data and/or prints and Information will remain the sole property of the Chief Constable.

3. Updating and Removal of electronic data and/or Prints and/or Information


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3.1 The Chief Constable will appoint a PubWatch Disclosure Officer and one or more Liaison Officers to act on his behalf for the purposes of this Agreement.

3.2 The Liaison Officer or any other Officer of the Suffolk Constabulary, where it is in his/her opinion operationally necessary, may remove all or any of the electronic data and/or prints and/or information at his or her sole discretion.

3.3 The Liaison Officers at their sole discretion may require the return of any electronic data and/or prints and/or Information in the Licensee’s possession or provide the Licensee with additional electronic data and/or prints and/or Information.

4. Commencement

4.1 This agreement shall commence upon the signing hereof or such later date as shall be agreed in writing between the parties.

5. Termination

5.1 This agreement shall terminate :

(a) Upon the Licensee ceasing to be the licensee in day to day control of the said premises or ceasing to be a member of an approved PubWatch Scheme.

(b) Upon the expiration of one month’s notice in writing by either party served upon the other at any time.

(c) Immediately upon service of notice in writing by the Chief Constable upon the Licensee specifying either –

(i) that the Chief Constable considers (in his or her absolute discretion) that continuation of the agreement no longer serves the interests of the PubWatch Scheme or the detection or prevention of crime

OR

(ii) that the Chief Constable considers (in his absolute discretion) that the Licensee is in breach of one or more of the terms and conditions of this Agreement.


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5.2 Upon termination, the Licensee shall deliver to the Disclosure Officer or Liaison Officer, the electronic data and/or folder and all prints and/or Information contained therein, keeping no copies (photographic or otherwise) and shall ensure that no employee or agent retains any such copies. The Licensee, where applicable, will cease to be a member of the PubWatch Online electronic database.

6. Indemnity

The Licensee hereby indemnifies the Chief Constable and the Officers and staff acting under his direction and control against any claim for damages and/or legal costs that may arise from a breach by the Licensee, his employees or agents of the obligations of this Agreement.

Signed: ……………………………………………………

Licensee of: ……………………………………………………

This day of: …………………………………………………… 200

Signed: ……………………………………………………

(for and on behalf of the Chief Constable)

This day of: …………………………………………………… 200


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APPENDIX C - Form PubWatch 3

SUFFOLK PUBWATCH ONLINE DATA PROCESSING AGREEMENT

This Agreement dated the …………………day of …………………………….………..200…. sets out the terms and conditions under which personal data held by the specified data controller will be disclosed to the specified data processor. This Agreement is entered into with the purpose of ensuring compliance with the Data Protection Act 1998. Any disclosure of data must comply with the provisions of this Act 1. The Parties 1.1. This Agreement is between the Chief Constable of Suffolk Constabulary,

(hereinafter called the “Data Controller”) of Police Headquarters, Martlesham Heath, Ipswich, Suffolk IP5 3QS of the one part and …………………………… (hereinafter called the “Data Processor”) of the other part.

2. Purpose 2.1. This contract is supplemental to a Contract made the day of

200… between the Data Controller (1) and the Data Processor (2) (hereinafter called the Main Contract)

2.2. The purpose of the disclosure is to facilitate the processing of personal data by

the Data Processor to assist the Data Processor in fulfilling the obligations of the Main Contract

2.3. This Purpose is consistent with the original purpose of the data collection. 3. Definitions 3.1. In this Agreement, the expressions “Data Controller”, “Data Processor”,

“Personal Data”, “Sensitive Personal Data”, “Processing”, “Information Commissioner”, “Subject Access” have the same meaning as in Sections 1, 2, and 6 of The Data Protection Act 1998, as amended by The Freedom of Information Act 2000.

3.2. ACPO: Association of Chief Police Officers 3.3. ACPO Protective Marking Scheme: A scheme for the classification of police information.


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4. Information provision 4.1. It is recognised that the Purpose requires access to the Data, which may have been

previously protectively marked by the Data Controller under the ACPO Protective Marking Scheme.

4.2. Ownership of the Data shall at all times remain with the Data Controller. 5. Use, Disclosure and Publication 5.1. The Data will be used solely for the Purpose. 5.2. The Data shall not at any time be copied, broadcast or disseminated to any

other third parties, except in accordance with this Data Processing Agreement or for the purpose of fulfilling the obligations of the Main Contract.

5.3. The Data will NOT be matched with any other Personal Data otherwise obtained

from the Data Controller, or any other source, unless specifically authorised by the Data Controller.

5.4. The Data will NOT be disclosed to any third party except for the purpose

fulfilling the obligations of the Main Contract without the written authority of the Data Controller.

5.5. The only exceptions to clauses 5.2. to 5.4 above will be where any person is

required to give evidence in legal proceedings or in accordance with 5.9 below. 5.6. Access to the Data will be restricted to those persons employed, contracted or

otherwise utilised by the Data Processor and approved by the Data Controller, directly involved in the processing of the Data in pursuance of the Purpose.

5.7. The use of the Data will also be subject to the controls and constraints applied by the

Data Processor’s: -

- Ethical Review Processes - Data Protection Policy Guidelines - Conflict of Interest Policy

5.8. Any Data removed from the premises of the Data Controller will be contained and

processed within a separate database held on a secure computer system controlled by the Data Processor subject to the agreed security arrangements as detailed below.


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5.9. Personal Data will not be published in identifiable form unless the persons concerned have given their consent and in conformity with other safeguards laid down by domestic law.

6. Data Protection and Human Rights 6.1. The use and disclosure of any Personal Data shall be in accordance with the

obligations imposed upon the parties to this Agreement by the Data Protection Act 1998 and the Human Rights Act 1998 which obligations will be reflected in all relevant codes of practice or data protection operating rules adopted by the parties to this Agreement.

6.2. The Data Processor undertakes to comply with the provisions of the Data

Protection Act 1998 and to notify as required any particulars as may be required to the Information Commissioner.

6.3. The following personnel are authorised by the parties to assume responsibility

for data protection compliance, notification, security, confidentiality, audit and co-ordination of subject rights:

Data Controllers Information

Compliance Manager Suffolk Constabulary

Data Protection Officer Data Processor

6.4. On reasonable notice periodic checks may be conducted by the Data

Controller’s Data Protection Officer to confirm compliance with this Agreement. 7. Confidentiality 7.1. The Data Processor shall not use or divulge or communicate to any person

(other than those who need to know the same for the Purpose) any Personal Data obtained from the Data Controller, which it shall treat as private and confidential and safeguard accordingly.

7.2. The Data Processor shall ensure that any individuals involved in the Purpose

and to whom Data is disclosed under this Agreement are aware of and comply with this Agreement and sign in acknowledgement the undertaking of confidentiality provided at Annex A, which will be returned to the Data Controller.

7.3. The restrictions contained in 7.1 shall cease to apply to any Personal Data

which may come into the public domain otherwise than through unauthorised disclosure by the parties to the Agreement.


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7.4. For the avoidance of doubt, the obligations of confidentiality imposed on the

parties by this Agreement shall continue in full force and effect after the expiry or termination of this Agreement.

7.5. No steps to attempt to identify any person from the Data will be made by any

data matching or other exercise.

8. Retention, Review and Weeding. 8.1. All Data obtained by the Data Processor for the purpose of the contract will be

returned to the Data Controller at the termination of the contract. 9. Security 9.1. The Data Processor recognises that the Data Controller has obligations relating

to the security of data in his control under the Data Protection Act 1998 and ISO7799. The Data Processor will continue to apply those relevant obligations as detailed below on behalf of the Data Controller during the term of this Agreement.

9.2. The Data Processor agrees to apply appropriate security measures,

commensurate with the requirements of principle 7 of the Data Protection Act 1998 to the Data which states that “appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data”. In particular, the Data Processor shall ensure that measures are in place to do everything reasonable to:

− make accidental compromise or damage unlikely during storage, handling, use, processing, transmission or transport

− deter deliberate compromise or opportunist attack, and − promote discretion in order to avoid unauthorised access

9.3. The Data Controller may wish to undertake suitability checks on any persons

having access to police premises and further reserves the right to issue instructions that particular individuals shall not be given access to police premises without reasons being given for this decision. The Data Processor will ensure that each person who is employed or contracted or otherwise utilised for the purpose understands this and provides their written consent as necessary.


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9.4. Any security incidents, breaches and newly identified vulnerabilities must be reported to the individuals identified in clause 6.4 of this Agreement at the earliest opportunity via the form provided at Annex B to this Agreement.

9.5. The Data Controller reserves the right to undertake a review of security provided

by the Data Processor and may request access to the Data Processor’s premises for this purpose. Failure to provide sufficient guarantees in respect of adequate security measures will be likely to result in the termination of the contract.

9.6. The Data Processor undertakes to comply with all or any reasonable

requirements concerning the storage, access or use of any Data as may from time to time be made by the Data Controller.

9.7. Any archived copies of the Data created by back up and recovery procedures

will be deleted in accordance with the System Operating Procedures at the termination of the contract and a certificate of destruction will be provided by the Data Processor to the Data Controller within 28 days after termination of the Main Contract.

9.8. Access to the Data will be confined to authorised persons only.

9.9. Any access to the premises used to process the Data by maintenance or repair

contractors, cleaners or other non-authorised persons must be closely supervised to ensure that there is no access to the data.

9.10. The Data Processor undertakes not to use the services of any sub-contractors

in connection with the processing of the Data without the prior written approval of the Data Controller.

10. Indemnity 10.1. In consideration of the provision of the Data for the Purpose the Data Processor

undertakes to indemnify any of the persons or any authority referred to in paragraph 10.2 below against any liability, which may be incurred by such person or authority as a result of the Data Processor’s breach of this Agreement.

Provided that this indemnity shall not apply:

(a) where the liability arises from information supplied which is shown to have

been incomplete or incorrect, unless the person or authority claiming the benefit of this indemnity establishes that the error did not result from any wilful


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wrongdoing or negligence on his part or on the part of any other person or authority referred to in paragraph 10.2 below;

(b) unless the person or authority claiming the benefit of this indemnity notifies the Data Processor as soon as possible of any action, claim or demand to which this indemnity applies, commits the Data Processor to deal with the action, claim or demand by settlement or otherwise and renders the Data Processor all reasonable assistance in so dealing;

(c) to the extent that the person or authority claiming the benefit of this indemnity makes any admission which may be prejudicial to the defence of the action, claim or demand.

10.2. Persons who may claim the benefit of this indemnity are as follows:

(a) any police authority (b) any Chief Officer of Police (c) any serving or former member of the police force (d) any serving or former employee of a police authority

and in this paragraph the expressions “police authority”, “chief officer of police” and

“police force” have the same meaning as in Section 101 of the Police Act 1996.

11. Disputes 11.1. In the event of any dispute or difference arising between the parties out of this

Agreement, the persons appointed pursuant to clause 6.4 of this Agreement and representing the parties to the dispute or difference shall within 20 days of receipt of a written request from any party to the dispute addressed to one of the individuals described at clause 6.4 meet in an effort to resolve the dispute or difference in good faith.

11.2. This Agreement is subject to English Law and the jurisdiction of the English

Courts. The parties will, with the help of a Centre for Dispute resolution, seek to resolve disputes between them by alternative dispute resolution. If the parties fail to agree within 56 days of the initiation of the alternative dispute resolution procedure, then the parties shall be at liberty to commence litigation.

12. Termination and Variation 12.1. This Agreement shall terminate on the cessation of the Main Contract. 12.2. In the event that either party wishes to vary any term of this Agreement that

party will give notice, in writing to the offices of the other party, explaining the


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effect of and reason for the proposed variation. The parties shall within 30 days of receipt of such a notice meet to discuss the variation.

12.3. The Data Controller will have the final decision on any proposed variation to this

Agreement. 13. Relationship between the parties 13.1. The Data Processor shall give reasonable assistance as is necessary to the

Data Controller in order to enable him to:

− Comply with any request for subject access from the data subjects; − Respond to Information Notices served upon him by the Information

Commissioner; − Respond to complaints from data subjects; − Investigate any breach or alleged breach of the Act.

in accordance with its statutory obligations under the Data Protection Act 1998

13.2. The receipt by the Data Processor of any Subject Access request to the Data

covered by this Agreement must be reported at the earliest opportunity to the Data Protection Officer representing the Data Controller, who will arrange the relevant response to that request.

13.3. This Agreement also acts in fulfilment of part of the responsibilities of the Data

Controller as required by paragraphs 11 and 12 of Schedule 1, Part II of the Data Protection Act 1998.

Signed on behalf of the Chief Constable of Suffolk Constabulary …………………...……………….... In the presence of …………………………………………………………..

Signed on behalf of ………………………………………………………… In the presence of …………………………………………………………..


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APPENDIX D - Form PubWatch 4 SUFFOLK PUBWATCH ONLINE

UNDERTAKING OF CONFIDENTIALITY

I ……………………………………………..as a person carrying out duties on behalf of [the Data Processor] hereby acknowledge the responsibilities arising from this Agreement. I understand that my part in fulfilling the Purpose means that I may have access to the Data and that such access shall include a) reading or viewing of information held on computer or displayed by some other electronic

means, or b) reading or viewing manually held information in written, printed or photographic form. I undertake that; - 1. I shall not communicate to nor discuss with any other person the contents of the Data

except to those persons necessary in fulfilment of the contract. 2. I shall not retain, extract, copy or in any way use any Data to which I have been afforded

access during the course of my duties for any other purpose. 3. I will only operate computer applications or manual systems that I have been trained to

use. This training will include the requirements of the Data Protection Act 1998 which prescribes the way in which personal data may be obtained, stored and processed.

4. I will comply with the appropriate physical and system security procedures made known

to me by [the Data Processor]. 5. I will act only within the terms and conditions of the Contract. I understand that the Data is subject to the provisions of the Data Protection Act 1998 and that by knowingly or recklessly acting outside the scope of this Agreement I may incur criminal and/or civil liabilities. I undertake to seek advice and guidance from [the Data Processor] or other relevant official of the Data Controller in the event that I have any doubts or concerns about my responsibilities or the authorised use of the Data and/or Aggregate Data defined in the Agreement I have read, understood and accept the above. Name……………………………. Signed…………………………… Date……………………………….


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APPENDIX E - Form PubWatch 5 SUFFOLK PUBWATCH ONLINE

SECURITY REPORT From

To

Information Security Manager Suffolk Constabulary

Date

Location of Premises:

Person Reporting:

Date and time of occurrence/came to notice:


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APPENDIX F – Form PubWatch 6 - Request for Information

SUFFOLK PUBWATCH ONLINE - PUBWATCH SIX

Request to Police for Disclosure of information to assist application to PubWatch for Licensed Premises ban

APPLICANT TO COMPLETE Name of person/premises requesting information: Contact Telephone number & Email address: Details of Incident Date and Time of incident: Is there an incident number and OIC: Incident No: ___________________ OIC: ________________________________

Signature: ____________________ Date: _______________________________

YES/NO YES/NO YES/NO

PUBWATCH DISCLOSURE OFFICER TO COMPLETE Is the Licensee reporting a member of PubWatch? Has the Licensee signed a disclosure agreement form?

YES/NO YES/NO

Reasons for Disclosure Is the Disclosure necessary to:

��Prevent criminal acts ��Prevent disorderly conduct likely to lead to criminal acts against

�� Customers �� Staff �� Licensees �� Particular licensed premises �� Other persons or property, in or directly associated with particular licensed

premises Will the disclosure of information to the said licensee and their staff prevent disorder and protect public safety by making the person subject of this request known to them and their fellow licensees within the scheme? Details supplied? Date and Time Supplied: ____________________________________________

YES/NO YES/NO YES/NO YES/NO YES/NO YES/NO YES/NO YES/NO

Supporting comments Name & D.O.B

Disclosure officer: _________________________________ Date: ___________________


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APPENDIX G – Form PubWatch 7 - Request for Photograph (After Ban Approved)

SUFFOLK PUBWATCH ONLINE - PUBWATCH SEVEN Request to Police for Disclosure of Electronic Data to PubWatch Scheme for

Licensed Premises ban APPLICANT TO COMPLETE Name of person/premises requesting information: Contact Telephone number & Email address: Name of banned person and details of incident Date and Time of incident: Has the person subject of this request been arrested? Is there an incident number and OIC: Incident No: ___________________ OIC: _______________________________

YES/NO YES/NO YES/NO YES/NO

PUBWATCH DISCLOSURE OFFICER TO COMPLETE Is the Licensee reporting a member of Pubwatch? Has the Licensee signed a disclosure agreement form?

YES/NO YES/NO

Reasons for Disclosure Is the Disclosure necessary to:

��Prevent criminal acts ��Prevent disorderly conduct likely to lead to criminal acts against

�� Customers �� Staff �� Licensees �� Particular licensed premises �� Other persons or property, in or directly associated with particular licensed

premises Will the disclosure of information to the said licensee and their staff prevent disorder and protect public safety by making the person subject of this request known to them and their fellow licensees within the scheme? Details supplied? Date and Time Supplied: _____________________________________________

YES/NO YES/NO YES/NO YES/NO YES/NO YES/NO YES/NO YES/NO

Supporting comments


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Person Proposing: ____________________ Signature: ___________________________

Outlet: ______________________________ Date: _______________________________

Chairperson at Meeting: ________________ Signature: _________________________

Date of Meeting ______________________

This form when completed will generate the supply of a photographic image to ______________________________________


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APPENDIX H - Form PubWatch 8 – Disclosure Officer Form

SUFFOLK PUBWATCH ONLINE - PUBWATCH EIGHT To be completed by Disclosure Officer following request for electronic data or

photographic image

NAME of BANNED PERSON: ________________________ DOB _____________

This form is to be completed by the Disclosure Officer who must consider the below. Decisions to disclose electronic data and photographic image and / or information must be on a case-by-case basis and it must be considered if there is an overriding public interest of justification for the disclosure. Has the request made clear:- a. Why the information is necessary b. Why it is envisaged that a successful disclosure of electronic data or

photographic image and / or information would prevent crime

YES/NO YES/NO

Is this person excluded from Licensed Premises by Court Order? (e.g. Exclusion order or ASBO)

YES/NO

Has this person been declared to be a habitual drunk by a Court? Contrary to (insert Act and Section)

YES/NO

Is this disclosure of electronic data or photographic image and / or information necessary to:

a. Prevent Criminal Acts? b. Prevent Disorderly Conduct likely to lead to Criminal Acts?

- Against customers, staff, licensees, particular premises or other persons or property, in or directly associated with particular licensed premises.

YES/NO YES/NO

If ‘Yes’ give reasons:-

Has the person subject of the request of disclosure of electronic data or photographic image and / or information been arrested in connection with the incident?

YES/NO

Is identification an issue? (If so, please complete the next two questions below) YES/NO


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* Will the disclosure of electronic data or photographic image affect the identification issues associated with any Criminal complaint from the incident which is the subject to this request for disclosure of any electronic data or photograph?

YES/NO

* Will the disclosure of electronic data or photographic image affect the prosecution of this person for the incident complained of?

YES/NO

N.B. If ‘yes’ to either of the above * then disclosure should be withheld until the conclusion of court proceedings

In making the decision have you considered:-

a. The offences previously committed by the person subject of this request?

b. The likelihood that a further offence will be committed by that person?

c. OR. The likelihood that, that person’s conduct will lead to a further offence being committed (not necessarily by that person)

d. AND be satisfied that it is necessary to disclose identifying information to enable the appropriate preventative action to be taken in respect of that further offence or conduct


YES/NO

Is the disclosure necessary for:- a. The prevention or detection of crime? b. Prevention of disorder? c. To protect public safety? d. To protect the rights and freedoms of other?

YES/NO YES/NO YES/NO YES/NO

Is the disclosure necessary for the protection of young or other vulnerable people?

YES/NO

What risk to others is posed by this individual? What is the vulnerability of those who may at risk? What will be the impact of disclosure on the offender? Is the disclosure proportionate to the intended aim? Is there an equally effective but less intrusive alternative means of achieving that aim?


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Any further notes/observations to support this decision.

I authorise the disclosure of electronic data and or photographic image, name and date of birth of the person subject of this request (specify)

Disclosure letter to be sent? YES/NO If ‘yes’ disclosure to be made after prescribed time has elapsed SIGNED: …………………………… RANK: ………………………. DATE: …………

Disclosure letter delivered by post/in Person

Date: ………………………………………..


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APPENDIX I - Form PubWatch 9 - Licensed Premises Ban Letter

Your Ref:

Our Ref: …./…/Premises Ban

Ask For: Inspector ……………

Telephone:

Date:

Dear

PROPOSED LICENSED PREMISES BAN I write to inform you that a disclosure of a photographic image, held by the Police of yourself, has been requested by the …………… PubWatch who are a member of the County PubWatch Scheme www.suffolkpubwatch.co.uk This disclosure has been requested following a recent meeting of the PubWatch who decided to exclude you for a period of ………..….. from the members’ premises under the Schemes rules and constitution. The request has been considered by the Disclosure Officer, Inspector …….……….. who considers that the disclosing of a photographic image of yourself to the Scheme is appropriate on this occasion for the following reason ��You have been excluded from licensed premises by Court Order ��You have been declared by a Court to be an habitual drunk under the Licensing

Acts ��To prevent criminal acts or disorderly conduct likely to lead to criminal acts

against customers, staff, licensees, particular licensed premises or other persons or property, in or directly associated with particular licensed premises

The Suffolk Constabulary do not participate in any Licensed Premises exclusions schemes and any questions regarding your exclusion should be addressed to The Secretary, ……………………… PubWatch at ……………………


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The Police have a statutory duty to prevent crime and disorder and it is our intention to release this photographic image of yourself 14 days after the date of posting this letter, or 14 days after personal service of this letter on yourself. The photographic images will not be on public display but will be available for the use of licensees and staff who are required to control access to the premises via the PubWatch online website www.suffolkpubwatch.co.uk When the period of your exclusion has ended, the photographic images will be recovered by the Police i.e. removed from the encrypted website area. Should you wish to question the disclosure, please visit www.suffolkpubwatch.co.uk details of the appeal procedure. May I take this opportunity to point out that a person banned under the PubWatch Scheme who attempts to or gains entry to any licensed premises who are members of the PubWatch Scheme may commit an offence contrary to Section 143 of the Licensing Act 2003, if they fail to leave when requested by a responsible person of those premises or an officer of the Suffolk Constabulary. Yours sincerely �

�

Inspector PubWatch Disclosure Officer


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APPENDIX J - Form PubWatch 10 - Review Officer Form

SUFFOLK PUBWATCH ONLINE – PUBWATCH TEN To be completed by a Police Review Officer (rank of at least Chief Inspector).

NAME of BANNED PERSON: ________________________ DOB _____________

This form is to be completed by the Review Officer who must consider the below. This is to ensure compliance with the protocol, policy and associated procedures with

regards the disclosure of electronic data and photographic image and / or information:

Considering the details of this case alone has the following been compiled with correctly:

a. The protocol for disclosure b. The policy of disclosure c. The paperwork necessary for disclosure


If No, give reasons

Do you agree with the Disclosure Officers authorisation to disclosure a photographic image, name and date of birth?

YES/NO

If No give reasons:

Are the reasons for disclosure still applicable? YES/NO Is the disclosure proportionate to the intended aim? YES/NO Is there an equally effective but less intrusive alternative means of achieving that aim?

YES/NO

Any further notes/observations with regards this review


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Having reviewed this case I do authorise the continued disclosure of electronic data and or photographic image, name and date of birth of this person.

If you do not authorise disclosure give reasons:-

SIGNED: ………………………………… RANK ……….…………… DATE: ……...


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APPENDIX K – Form PubWatch 11 – Record of Disclosures Record of Disclosures – PubWatch Eleven

PubWatch Scheme (e.g. Mid Suffolk)………………………………………………………… Sheet/Continuation Number

PUBWATCH

NO DATE PREMISES NAME OF

SUBJECT SEX AGE

SIX SEVEN EIGHT NINE TEN

COMMENTS PNC/CIS No.


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APPENDIX L – PubWatch Organisation Flowchart

Appendix A, Form PubWatch 1 Protocol for Disclosure of Photographs and Information

Police District Commander Agreement with local PubWatch

Chairperson

PubWatch Chair Person Agreement with local police

Database Company – agreement with police – indemnify re improper disclosure of information. Form

PubWatch 3

Database Company employee signs agreement – indemnity re improper disclosure of information on Form

PubWatch 4

Licensee requests to join PubWatch scheme

Police approve Database

Company’s enquiry

Licensee Signs Indemnity – form PubWatch 2, including Email

address on the rear, which is sent to the Police Liaison Officer

Data Base Company receives Licensee’s details. and confirm with the Police if they have a signed

PubWatch 2 indemnity form [This can be achieved on-line]

Data Base Company sends password to Licensee by

Email

Licensee makes

payment to Data Base company

Any possible breaches of security of the scheme, or attempts at same, are reported to the police by way of form PubWatch 5 from any member of the

scheme or Data Base Company.


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APPENDIX M – PubWatch Incident Flowchart

Licensee completes Form PubWatch 6, detailing the incident and suspect. The completed form is sent to the Police requesting details (name: date of birth: place

of residence (area) only) This can be completed on-line or in written form

Police assess request as necessary under policy. If suitable, details added to form.

Form PubWatch 6 is returned to Licensee (or reasons why not)

Licensee attends PubWatch meeting with details of person he or she proposes to ban. PubWatch members vote on proposed person

If proposed person not banned, request

stops here

If proposal agreed by meeting, Form PubWatch 7, signed by both the proposer and the PubWatch Chairperson, is

completed, and sent to Police

Incident Occurs

Police receive completed Form PubWatch 7. PubWatch Disclosure Officer (Inspector) fully assesses request for photographic image on Form PubWatch 8 in accordance with policy. Final approval for disclosure is endorsed on this form and

banning letter, (PubWatch 9) is sent. Forms sent to Review Officer for review.

Disclosure may be delayed if there is an identification issue at court

After a period of 14 days (to allow for appeal) the banned persons’ photograph is inputted onto the encrypted website.

(If an appeal is made, disclosure is deferred until result of appeal)

Review Officer (Chief Inspector) reviews Forms PubWatch 8 and 9 and compiles form Pubwatch 10 as a record.

A register of all disclosures made by Police is maintained on Form PubWatch 11, and retained for 6 years. Form includes diversity monitoring information.

Documents

Suffolk Constabulary Policies & Procedures · 2016. 9. 22. · Suffolk Constabulary Policies & Procedures Document Classification: Not Protectively Marked ... Pubwatch Logo and Stickers