PAPER B1

Purpose: For Decision

Committee: LICENSING PANEL

Date: 16 MARCH 2004

Title: TO AMEND THE ADDITIONAL LICENCE CONDITIONS FOR PUBLIC ENTERTAINMENT PREMISES, CINEMAS AND THEATRES ADOPTED UNDER THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982

REPORT OF THE HEAD OF CONSUMER PROTECTION

PURPOSE/REASON

1. To amend the Council’s Additional Public Entertainment Licence Condition number 11, regarding Door Security Staff in accordance with the Private Security Industry Act 2001.

BACKGROUND

2. From 1 March 2004 Security Staff/Door Supervisors, previously registered and trained by this Council, have to register with the Security Industry Authority and complete the necessary training before 5 June 2004 or they will cease to be able to work legally. This also applies to new applicants.

3. At present the Council have over 250 registered Council trained staff who will have to complete further training sessions approved by the new Security Industry Authority Agency.

4. At present the Council attach a condition requiring Door Supervisors to be on duty at the premises when the Public Entertainment Licence is operative, at the request of the Police or Council Officers.

5. The Council will no longer be responsible for the registration of Door Stewards and will only be able to condition the use of these persons in venues licensed by the Council for Public Entertainment by way of Licence Conditions attached to the Licence.

RELEVANT HISTORY

6. A Door Security Staff condition was approved by the Council in early 1999 to ensure an improvement in public safety at premises where Public Entertainment took place until the early hours of the morning. Additional Condition number 11 is set out at Appendix 1.

7. Persons who attended the Council’s training course and became registered Door Stewards/Supervisors have stated publicly that the course assisted those who participated in it and was an excellent Council course.

8. The Council’s registration scheme helped to ensure greater co-operation between the Police, Licensees, Door Staff and Council Officers leading to at least one commendation by the Isle of Wight Magistrates’ Court with regards to the behaviour of a Door Steward.

COUNCIL POLICY

9. Additional Condition number 11 is attached to certain licences at the request of the Police or Council Officers.

FORMAL CONSULTATION

10. The Hampshire Constabulary are aware of the new regulations and the need for the Council’s Licence Conditions to be amended.

THIRD PARTY REPRESENTATIONS

11. Not applicable.

FINANCIAL IMPLICATIONS

12. Broadly, Council expenditure on Licensing matters, and in particular those that are administered and enforced through Consumer Protection, balances income received from licence fees. A small income was received from the training and registration of door stewards, that income will now cease.

LEGAL IMPLICATIONS

13. The Private Security Industry Act set outs clearly what a Door Supervisor is:

“A Door Supervisor is defined by the Act as a person who carries out security activities in relation to licensed premises, at or in relation to times when these premises are open to the public. The security activities are:

· Guarding premises against unauthorised access or occupation, against out breaks or disorder or against damage.

· Guarding property against destruction or damage, against being stolen or against being otherwise being dishonestly taken or obtained.

· Guarding one or more individuals against assault or against injuries that might be suffered in consequence of unlawful conduct of others.”

Both in-house and contract door supervisors are covered by the Act.

14. Local Government (Miscellaneous Provisions) Act 1982:

Section 6A (4) A licence under this paragraph may be granted –

(a) on terms and conditions; and

(b) subject to restrictions,

Imposed for all or any of the following purposes, but no others –

(i) for securing the safety of performers at the entertainment for which the licence is granted and other persons present at the entertainment.

15. It can be seen from the above that the Council have the power to attach a condition requiring door stewards to be employed at the premises whilst Public Entertainments are taking place.

IMPLICATIONS UNDER THE CRIME AND DISORDER

16. Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area.

IMPLICATIONS UNDER THE HUMAN RIGHTS ACT

17. Members are advised that this application must be considered against a background of the implications of the Human Rights Act 1998.

There are three convention rights which need to be considered in this context:-

a) Article 6 - Right to a fair trial

In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.

It has been held that the fact that there is a right of appeal to the magistrates’ court from any decision of the Panel is sufficient to make the Council’s licensing system compliant with the convention rights.

b) Article 8 - Right to respect for private and family life.

Everyone has the right to respect for his private and family life, his home and his correspondence. In the case of article 8 there shall be no interference by a public authority with the exercise of this right except as such in accordance with the law and is necessary on a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder and crime, for the protection of health or morals or for the protection of the rights and freedoms of others.

c) Article 1 of the first protocol – protection of property.

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. In the case of Article 1 of the first protocol it states that “no one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and the general principles of international law. The preceding provisions (of which articles 6 and 8 are but two) shall not however in any way impair the right of the state to enforce such laws as it deems necessary to control the use of the property in accordance with general interest or to secure the payment of taxes or other contributions or penalties”.

The Panel needs to be clear as the rights granted and the need to ensure that the reasons given for any interference are proportionate and in accordance with the Council’s legitimate aim.

OPTIONS

18. Take no action.

19. That additional Condition number 11 – Door Security Staff, should now read:

The Licensee/Licensees will supply door supervisors, at the request of the Council, as defined in the Private Security Industry Act 2001, who are registered with the Security Industry Authority. The number of door supervisors to be on duty while the premise is open to the public to be determined by the appropriate authority.

20. To rescind the existing door security staff additional Condition number 11 from 4 June 2004.

EVALUATIONS/RISK MANAGEMENT

21. Officers have considered implications under the Human Rights Act and the Local Government (Miscellaneous Provisions) Act 1982 and believe amendments to the existing condition are required to ensure continued public safety.

22. In so far as any risk to the Council is concerned the issue of Crime and Disorder and Human Rights have been evaluated. Any resolution the Panel makes is within its delegated powers.

RECOMMENDATIONS

23. Options at paragraphs 19 and 20 are approved.

APPENDICIES ATTACHED

24. Appendix 1: Copy of additional Condition number 11.

BACKGROUND PAPERS

25. Council’s Additional Public Entertainment Licence Conditions

Private Security Industry Act 2001

Contact Point: John Murphy, 823152

ROB OWEN

Head of Consumer Protection

APPENDIX 1

11.0 Door Security Staff

11.1 Only door/security people who are currently registered with the Council must be employed, engaged or otherwise used for the services of exercising control over members of the public on the licensed premises. Such people must be over eighteen years of age.

11.2 Applicants for door/security person registration must give a minimum of fourteen days notice before they wish to commence employment to enable enquiries to be made of Police and other agencies as to the suitability of the applicant. Full disclosure of previous convictions must be made by the applicant, except those convictions which are not required to be disclosed under the provisions of the Rehabilitation of Offenders Act 1974 (as amended)

11.3 Where applications for registration are refused or if revocation of a registered person is being considered, the person will have a right to appear before the Council’s Independent Appeals Panel.

11.4 Registered door/security persons must be in possession of an identification badge issued by the Council at all times whilst performing their duties and should be produced on demand to any Council Officer or Police Officer.

11.5 The management’s copy of the employee’s identification badge must be displayed on a board at the main entrance to the licensed premises. Such boards will be placed in a secure place.

11.6 Details of their hours of employment will be recorded and signed by those employed as door/security people in the licence log book. Those people no longer employed as door security persons must be notified to the Council within fourteen days of the person leaving such employment.

11.7 All applicants must be suitability trained in relevant skills to the satisfaction of the Council as soon as possible. Door Stewards with less than five years work experience must be able to demonstrate that they have attended a relevant course and are competent by 1st January 2000. Those with five years experience or more will be required to attend a training course and demonstrate their competence by 1st July 2000. All registered door staff will be required to attend a refresher training course every three years 6 months, and may be extended to a further 6 months at the discretion of the Council.