BANNING CONDITIONS Clause Samples

BANNING CONDITIONS i. A decision to ban will be passed at meetings where at least 75% of members vote in agreement that a ban is necessary and desired. ii. The foundation for each ban will be the submission of an incident report from the business reporting the offence. This will be reviewed by Hampshire Constabulary and the details will be checked for accuracy against the police record of the same event. Thus, bans are reliant upon there being a police record of the event on a recognised computer system. iii. The type of incident MUST justify disclosure. For example, violence, theft, drugs, sexual offences and public order offences; linked to or targeted against member premises. iv. The release of Police data shall NOT be limited to persons who have been charged, cautioned or positively disposed of in any other way. The decision to disclose shall be based on all relevant factors in the Police material relating to the incident and to be in the interests of public safety and preventing crime and disorder. v. The decision making process will be fully documented in each case and will thus ensure that disclosure of information is current, accurate and relevant. Winchester BID will provide a clear audit trail that supports such disclosure with consideration given to the Human Rights of each individual and an account made of the lawfulness of such action; how it is necessary, justified and proportionate. It will be agreed that the wider interests of public safety and the rights of the society at large will, after due consideration of the circumstances of offence and the resultant conviction, outweigh the rights of the individual. vi. The release of a Police photo, name, DOB, age or address MUST be in the interests of public safety, to preserve order or to prevent crime and disorder. If there are sufficient grounds to suspect that a data subject will attempt to commit violence, theft and public order offences; linked to or targeted against member premises the release of Police data shall be authorised. vii. In order to comply with the fairness and transparent principle under Article 5(1)(a) of the GDPR 2018, the subject must be informed of the disclosure of their details to Winchester BID. Therefore Winchester BID will give written notice of this to the subject. viii. Where processing is necessary to manage the banning of a data subject from member premises and where information is held by Winchester BID as a result of disclosure by the police, they will give written notice of the d...