A practitioners’ guide for dealing with problem licensed providers

Police and Crime Standards Directorate

With links to related resources in the online PDF version

A practitioners’ guide for dealing with problem licensed providers
Police and Crime Standards Directorate
November 2006

This document has been produced and is intended as an operational guide for practitioners. It is not intended to be a comprehensive summary of government guidance for managing the entire night-time economy in town and city centres. Use of the guide will also require local operational choices to be made in order to achieve the appropriate response. This guidance has no legal standing and does not replace, extend, amend or alter in any way the statutory provisions of the Licensing Act 2003 or any subordinate legislation made under it or the statutory guidance issued in relation to it. No responsibility is accepted for any errors, omissions or misleading statements in this guidance, or any site to which it connects. In particular, it must be noted that, although the Home Office has made every effort to ensure that the information in this guidance is correct, changes in the law and its operation mean that the information in these pages cannot be guaranteed as accurate. This guidance will be updated according to legislative and policy changes and re-released as required.

1

FOREWORD

The Licensing Act 2003 came into force on 24 November 2005. The purpose of the Act was to make going out more pleasurable for the vast majority of people who drink responsibly and who do not engage in criminal or anti-social behaviour. It was also designed to make it easier for the authorities to deal robustly with problem premises and to complement other measures within the criminal justice system designed to crack down on consumers and providers of alcohol who go beyond the boundaries of what is lawful and/or socially acceptable. As part of the Government’s Tackling Violent Crime Programme (TVCP), the Home Office, through the Police Standards Unit (PSU), ran a series of targeted Alcohol Misuse Enforcement Campaigns (AMECs) across England and Wales. This identified what works in both the prevention of alcohol-fuelled violence and the enforcement of regulations dealing with it and managing problem licensed premises. More specifically, this knowledge base includes how to deal effectively with problematic ‘on’ and ‘off’ licensed providers. While problematic providers are in the minority within the alcohol licensed industry, their irresponsible actions, if not challenged, contribute to the alcohol-fuelled violence and disorder occurring in our communities. This guide builds on the previous PSU publication Lessons from the Christmas 2003 Alcohol Misuse Enforcement Campaign. It has been specifically designed for practitioners and contains guidance on:

• •

the use of intelligence; how to work with responsible members of the licensed trade – trade associations in partnership with the Government have produced Social Responsibility Standards for the Production and Sale of Alcoholic Drinks in the UK (see resources in the online PDF version of this guide) which commits the trade to the promotion of responsible drinking and the elimination of sales to under-18s; where necessary, how to make robust use of the powers contained within the Act and the opportunities to impose conditions, complete with a set of route maps to take you through the processes – these include how to carry out reviews and closures of licensed premises; and tactical options found to be effective in the TVCP .

The guide also contains a glossary, while the online PDF version provides links to a directory of related resources providing more information and guidance.

2

FOREWORD

It is intended that this guidance becomes a ‘living document’ and is kept up to date by locating it on the Home Office Crime Reduction website for you to share your experiences and learning in this area. I do hope that this guidance will be of assistance to those involved in dealing with problem licensed providers and that by your actions you will continue to make a valued contribution in driving down alcohol-fuelled violence in our communities. Paul Evans Director Police and Crime Standards Directorate

3

CONTENTS

Glossary Introduction to the route maps: Why? How? When? Route maps Planning process Intelligence management process Problem licensed premises – prevention process Problem licensed premises – enforcement process Personal licence application process Premises licence application process Temporary event notice (TEN) process Review licence process Appeal process Tactical options Conditions on problem licensed providers Next steps Acknowledgements Related resources (available in online PDF version of this guide) Government departments and agencies, professional and trade associations, research and resource sources AMEC Guidance on Problem Profiles – night-time economy (UCL Jill Dando Institute) Social Responsibility Standards for the Production and Sale of Alcoholic Drinks in the UK (trade associations’ guide) Sample pool of model conditions, Licensing Act 2003 (Gwent Police) Sample enforcement protocol (Nottinghamshire Police) Sample review notice (Nottinghamshire Police) Licensed Premises Visits Enforcement Proforma (City Safe, Greater Manchester Police) Police powers to close premises (Department of Culture, Media and Sport (DCMS) guidance to police, Sections 160 and 161 of the Licensing Act 2003)

4 6 8 8 9 10 11 12 13 14 15 16 17 32 38 39

Powers to close premises (DCMS guidance to police, Section 19 of the Criminal Justice and Police Act 2001); and unlicensed premises closure notice form (Kent County Constabulary) Review bundle contents, ‘Dealing with Repeat Test Purchase Failures’ (Nottinghamshire Police)

4

GLOSSARY

ACS ACPO ADZ AERC A&E AMEC ARV ASBO BBPA BCU BII CDRP CJPA CPS CSP DCMS DPPO DPS DVEC FPN EHO HO HVP IOL

Association of Convenience Stores Association of Chief Police Officers Alcohol Disorder Zone Alcohol Education Research Council Accident and Emergency Alcohol Misuse Enforcement Campaign Alcohol-Related Violence Anti-Social Behaviour Order British Beer and Pubs Association Basic Command Unit (police) British Institute of Innkeepers Crime and Disorder Reduction Partnership Criminal Justice and Police Act 2001 Crown Prosecution Service Community Safety Partnership Department for Culture, Media and Sport Designated Public Place Order Designated Premises Supervisor Domestic Violence Enforcement Campaign Fixed Penalty Notice Environmental Health Officer Home Office High Visibility Patrol/Policing Institute of Licensing

5

GLOSSARY

LA LACORS LGA LO NIM NPLF NTE OCU OPSI PESTEL PLH PMDU PND PNLDB POP PSU RASG RIPA SIA SMART SPOC TEN TVCP VAP VCU WLGA WASTA

Licensing Act/Local Authority/Licensing Authority Local Authority Co-ordinators of Regulatory Services Local Government Association Licensing Officer National Intelligence Model National Police Licensing Forum Night-Time Economy Operational Command Unit (police) Office of Public Sector Information Political – Economic – Social – Technological – Environmental – Legal Premises Licence Holder Prime Minister’s Delivery Unit Penalty Notice for Disorder Police National Legal Database Problem Orientated Policing Police Standards Unit Retail Alcohol Standards Group Regulation of Investigatory Powers Act Security Industry Authority Specific – Measurable – Achievable – Relevant – Time bound Single Point of Contact Temporary Event Notice Tackling Violent Crime Programme Violence against the Person Violent Crime Unit Welsh Local Government Association Wine and Spirit Trade Association

6

INTRODUCTION TO THE ROUTE MAPS: WHY? HOW? WHEN?

A key aspect of the Tackling Violent Crime Programme (TVCP) has been the focus on alcoholrelated violence, especially in the night-time economy. The Licensing Act 2003 brought new approaches backed up by stronger powers to address the problem of alcohol-related violence, and a series of Alcohol Misuse Enforcement Campaigns (AMECs) across England and Wales highlighted the demonstrable impact this approach could have. AMECs built on existing good practice and identified creative new initiatives to tackle the challenges of the new licensing approach. In order to mainstream and extend the most effective approaches and the use of powers, it was evident that there was a need for a set of simple route maps to cut through some of the complexities, variances and misunderstandings surrounding the new approach. In light of this, a team of practitioners including representatives of operational police officers, barristers, police force legal departments, licensing officers, vice squads, Local Criminal Justice Boards, Crime and Disorder Reduction Partnerships (CDRPs) and Community Safety Partnerships (CSPs), local authorities, regional Government Offices and the Home Office Police Standards Unit (PSU) have developed a set of maps showing the routes to follow for nine key areas: 1 planning process 2 intelligence management process 3 problem licensed premises – prevention process 4 problem licensed premises – enforcement process 5 personal licence application process 6 premises licence application process 7 temporary event notice (TEN) process 8 review licence process 9 appeal process

7

INTRODUCTION TO THE ROUTE MAPS: WHY? HOW? WHEN?

These are designed to support people engaged in this area, and although there are nine separate maps, each links in and joins together to build a cohesive approach to managing problem licensed providers. They have been designed to flow, and the process can be tracked by simply following the direction of the arrows. The standard process symbols have been used as follows:

Start of process

Names the process at START Shows the start and finish of the process

Activity

Shows the activity that takes place

Shows the person associated with that activity

Select option

Shows the decision that has to be made

Licensing Act 2003

Shows documents used in the process, e.g. the Licensing Act 2003, a policy, information such as a CCTV recording, etc.

8

ROUTE MAPS

Planning process

Feedback loop
• Strategic licensing policy • Enforcement protocols • Information sharing protocols • Cumulative impact policy/ saturation policy Police National Intelligence Model (NIM)

• Control strategy plan • Tactical problem profiles

Enforcement group

Planning process

Use NIM

Conduct strategic and tactical assessments

Develop control strategy and problem profiles

Action strategy

Task and co-ordinate prioritised actions

Monitor/evaluate results

START
Enforcement group Partnership group

Responsible authority and licensing authority group. Suggested make up: • CDRP; • CSP; • LA planning department; • environmental health; • child protection; • fire service; • lighting department; • street-cleaning department; and • trading standards department.

Note: Enforcement group has been shown to benefit from: • effective leadership; • being a sub-group of CDRP/CSP; • having a councillor in the group.

Key representatives from the enforcement Group, plus: • Pub Watch; • Best Bar None; • NTE manager; • Chamber of Commerce; • retail groups; • residents’ groups; and • other stakeholder groups.

ROUTE MAPS

Intelligence management process
Pro-active data from: • mystery shopper; • test purchase; • CCTV; • complaints; • proxy data, including ambulance calls and A&E data; • call data; • surveys; • crime statistics – including age of victims and offenders; • third party referrals; • custody records; • local knowledge; • licensing visits; • alcohol seizures; • TEN records; • reports from official agencies, e.g. fire, health, education, trading standards, environmental, etc.

• Police • Partnerships • Other agencies • Etc.

Planning process

Local prioritisation process

Application process

START
Intelligence management process Establish data gathering protocols Collect joint data Analyse data Prioritise problem premises
Lead organisation
Data gathering protocols See intelligence options under tactical options

Review process Feed into appropriate process
Lead organisation

Prevention process

Re-active data from: • emergency response situations; and • critical incidents

Enforcement process

Appeal process
• Emergency services • Responding agency • Etc.

9

10

ROUTE MAPS

Problem licensed premises – prevention process
Written record, either: • notes of meeting; or • written notice Action plan

START
Problem licensed premises – prevention process

• Police local commander • Responsible authority • Trading standards • Environmental health • Etc.

Designated owner (DO)

DO

DO

Problem identified

Assign ownership

Meet premises representatives

Share information and concerns, and agree problems

Develop time-bound action plan (SMART) to resolve problems

Leadership protocols

Premises rep defined as: • DPS; • premises licence holder; • regional manager; • etc.

Yes

Plan agreed?

No

Problem licensed premises – enforcement process

Action plan

Intelligence management process

Intelligence

Monitor action plan via monthly meeting
Licensing Premises group representatives

Venue performance

Document concerns in warning letter and recommendations
No

Plan a success?

Yes

Seek legal advice

Intelligence

Monitor/evaluate

ROUTE MAPS

Problem licensed premises – enforcement process
Intelligence management process
• Police local commander • Fire service • Trading standards • Environmental health • Etc. Legal options • Closure Order and/or revocation • Fixed Penalty Notice (FPN) • PND • Prosecution Tactical options • See tactical options list in guide Closure Order • S.161 LA 2003 – Supt. • S.160 LA 2003 – Insp. • S.19 CJPA 2001 – police or licensing authority • Anti-social Behaviour Act 2003 – ASBO and drugs

START
Problem licensed premises – enforcement process Problem identified

DO

Assign ownership

Seek legal advice
Designated owner (DO)

Consider options

Select option(s) Implement option(s)

Leadership protocols

Enforcement protocols

Problem licensed premises – prevention process

Fixed Penalty Notice (FPN)

Penalty Notice for Disorder (PND)

Review licence

Prosecute

Closure Order

Refer to CPS

Closure process

CPS prosecution process Review licence process PND process

Monitor

FPN process

Intelligence

Intelligence process

11

12

ROUTE MAPS

Personal licence application process
Crime prevention objectives

Applicant

LA licensing

START
Personal licence application process Serve notice of relevant conviction or foreign conviction on police
Notice of conviction No

Show there are exceptional and compelling circumstances for grant of licence

Licence granted?

Check whether grant of licence undermines crime prevention objective
Police

Yes • Solicitor • Licensing officer • Witnesses

Hear case
LA licensing

Consider appeal
Solicitor LO

Does it?

Prepare case

Solicitor

Appeal?

Notify licensing authority

Yes

Police

Yes

Send Objection Notice to licensing authority (<14 days)
Application withdrawn?
No No

LA licensing Proceed with objection?

Yes

Hear appeal at Magistrates’ Court
Magistrate
No

No

Yes

Obtain legal advice

LA licensing
No

Objection withdrawn?

Appeal granted?

Yes

No Yes

Information

Licence issue process
Magistrate

Intelligence process

Information

Refuse licence

ROUTE MAPS

Premises licence application process
Premises licence application process
• Saturation policy • Cumulative impact policy

Intelligence process
LO

Licence granted
Licensing authority

Licence

START
Applicant
Original application • Licensing Act 2003 • Hearing regs • LA policy

Application proceeds Consider saturation policy (if in place)
LO LO

Agreed application

Inform applicant
LO
No

Agree revised application

• LA 2003 and guidance • LA policy

Yes

Applicant All parties agree?
Revised application

Application process for non-premises or variation

RA rep
No

No

Prepare for hearing

Hold hearing

Application valid?

Yes

Gather information
LO

Object?

Continue mediation? RA rep Solicitor

No Revised application Yes

Contact LA for re-submission
LO

S.4 LA 2003: 1. Prevention of crime and disorder 2. Public safety 3. Prevention of public nuisance 4. Protection of children from harm

Yes

Yes

Identify lic. objective undermined
LO

Mediate with applicant

Identify who presents

Identify evidence

Agree disclosure

Re-submit?

Revised application

Make judgment
Licensing panel
No

Submit initial representation
Applicant
Guidance to LA 2003 <28 days of receipt of application by licensing authority

Identify conditions/ amendments
RA rep Consider appeal?

Favourable?
Yes

RA rep

No

Use enforcement process Use prevention process

No

End of application process

Appeal process

13

14

ROUTE MAPS

Temporary event notice (TEN) process
START
TEN process Police licensing official Receive notification
Application form

Allow event
Withdraw Counter Notice
Yes

Monitor/evaluate

Modify Counter Notice
Yes

No

Problem premises?

Yes/No

Application valid?

Guidance notes – LA 2003 • Correctly served on police? • Correctly served on LA? • Event for <500 people? • 24+ hrs since last TEN? • >10 working days’ notice? • >24 hrs since last TEN? • This venue had TENs covering >15 days in last 12 mths? • This venue had <12 TENs in last 12 months? • TEN for </=96 hrs? • If personal licence holder <50 TENs this year? If not personal licence holder <5 TENs this year?

Withdraw notice?

No

Modify notice?

No

Mediation fails?

Event terminated
Yes

Event goes ahead

Yes No

Mediation? Police licensing official
Counter Notice

No

Set up hearing

No Yes

Hold hearing

Licensing authority

Consider action re unlicensed activity

S.136 LA 2003

Event terminated

Police licensing official

Undermine crime prevention objective?

Serve Counter Notice (<48 hrs) Police licensing official Police licensing official

Counter Notice confirmed?

Yes

No

Licensing authority

Appeal?
Yes

No

Monitor/evaluate

Yes

Police

Appeal process

ROUTE MAPS

Review licence process
Licensing Act 2003
• Legal services • LAC • LOs • RASG as reqd

Revocation
Decision log

LA policy

Licensing Act 2003 – civil balance of probabilities

DO

Suspension Pull together evidence
Designated owner (DO)

DO

Review licence process

Assign ownership

Consider options Modify (+/-) conditions

Select option

Make application: • outline evidence; • serve disclosure bundle prior to hearing; • state preferred outcome.
Solicitor or outsourced person

START
Leadership protocols

Remove DPS Continue to mediate throughout process
Licensee and police or resp. auth.

Licensing Receive authority application

e.g.: • incident books; • CCTV; • door supervisor register; • acc. report book.

Request disclosure from other side

Submit bundle of evidence

Include witnesses to call

Include what to use as hearsay

DO

Mediation worked?
DO
Yes N.B. Judgment not binding for 21 days (Licensing Act 2003)

Who represents?

No

DO

Agree conditions

Remove DPS

Make voluntary closure
DO

Favourable?
• Solicitor • LAC • Witnesses Licensing panel Yes

No

Consider alternative tactical options
No

DO Appeal?
Yes

End of problem – monitor/evaluate

Prepare conditions

Attend hearing

Make judgment

Monitor/ evaluate

Appeal process

15

16

ROUTE MAPS

Appeal process
START
Appeal process
Responsible authority

Monitor/evaluate Obtain directions for disclosure ready for hearing
Solicitor

Responsible authority

No

Responsible authority

Gather evidence
Solicitor Witnesses

• Magistrates’ Court rules apply • Hearsay evidence is admissible

Yes

Take legal advice
Do I appeal?
Yes

Am I the appellant?
Yes

Gather evidence
No

Solicitor

Instruct solicitor to issue notice of appeal (<21 days of licensing cttee determination)

Attend first hearing at Magistrates’ Court

Attend full hearing at Magistrates’ Court

Appeal successful?

Responsible authority

Yes

No

Take legal advice
Join with appellant?
Yes

Apply to court to be joined at hearing
Solicitor

Yes

Uphold appeal
Magistrates

Dismiss appeal

Joining agreed?
Yes

Gather evidence
Responsible authority

No No

Identify how to proceed

N.B. The magistrates must state that the LA decision was wrong – they can then substitute own decision with any decision available to the licensing authority or remit back to licensing authority

Yes

Provide witnesses’ statements
Responsible authority

Give evidence
Responsible authority

Licensing panel’s decision stands

Am I needed as a witness?

No

Monitor/evaluate

Information

Intelligence process

Information

Monitor/evaluate

17

TACTICAL OPTIONS

The following tactical options are drawn from practical experience gathered during the Tackling Violent Crime Programme (TVCP) – particularly the Alcohol Misuse Enforcement Campaigns (AMECs) led by the Home Office and the Association of Chief Police Officers (ACPO) but also from the many partnerships, agencies and authorities active in the field of managing problem licensed providers. The options described are not intended to represent a complete list of options available to the police and other authorities and agencies but are intended to show those found to be effective in the TVCP which made demonstrable improvements. The options have been listed under the following headings for ease of understanding: 1 Intelligence options 2 Pro-active options – re-active response options, such as responses to outbreaks of violence at premises, are not covered, as these are guided by national and local policy and procedures 3 Legal options – covers current and imminent legislation, such as the Violent Crime Reduction Act 2006 Although they can all be used in isolation, it has been found that they are best used on a ‘pick and mix’ basis in order to develop a comprehensive strategy to tackle alcohol-related violence and problem licensed providers. It is recommended that whatever options are applied, the first step should be to adopt an intelligence-led approach.

Leadership and enforcement
The lead agencies shown against each option are sometimes statutory while others are suggestions. All regions engaged in the AMECs were encouraged to develop and agree enforcement and leadership protocols to cover this aspect. The protocols set out the working arrangements between agencies and partnerships and will cover such things as:

• • • • • •

roles – those of each party for general and specific situations, i.e. whether they lead, support, supply, etc.; responsibilities – what each party undertakes to do in general and specific situations; responses – an agreed menu of responses; approaches – an agreed escalation of responses; information sharing – what will be shared and how; risk rating processes – which factors to consider and the rating process;

18

TACTICAL OPTIONS

• •

communication processes – covering how and when to communicate, e.g. within 48 hours by email, within seven days by letter, etc.; and protocol review processes – stipulating, for example, that signatories will meet every three months to ensure that the consultation and enforcement arrangements are working.

Sample protocols can be found among the resources linked to the online PDF version of this guide and on the TVCP website at www.crimereduction.gov.uk. Tables outlining the three types of option listed above are provided below.

Intelligence options
The following options cover scanning, research and analysis activities normally conducted prior to action being taken. Methods used should be compatible with the police National Intelligence Model (NIM).

Option
Environmental scanning

Description
Considers issues that could affect licensing, such as changes in policy, good practice in other areas, recommendations in government reports, etc. – enables effective planning. Can use PESTEL headings as a guide: this enables organisations to identify issues/activities which may/will have an impact on licensed premises. The headings are: Political – Economic – Social – Technological – Environmental – Legal.

Lead agency
Any authority or agency

Suggested use
• Aims to keep those in the licensing arena aware of developments in a wider context. • Used in strategic assessments.

19

TACTICAL OPTIONS

Option
Problem profiling

Description
Creates a profile of specific problems that emanate from alcohol-related issues and licensed premises. Considers use of Alcohol Misuse Enforcement Campaign – Guidance on Problem Profiles from the UCL Jill Dando Institute (linked in online PDF version). Can include premises profiling which assesses issues relating to specific licensed premises. Analyses extent and type of crime and disorder including temporal analysis and MO overview. Powerful when used with crime pattern analysis which uses a combination of geographical and temporal analysis of crime and disorder – e.g. time/location of violence against the person (VAP) in the street. Useful tool for considering cumulative impact policy.

Lead agency
Police – but can be any authority or agency

Suggested use
• To understand problem from a wide range of intelligence and information sources and make recommendations to target resources effectively against a specific problem – embodies key features of problem orientated policing (POP) but targeted at alcoholrelated issues. • To target resources effectively against a specific premises. • To monitor any developments in recorded crime, incidents, premises of note, etc. • Used in strategic and tactical planning to identify ‘hot spots’ and plan responses. • Can use geographic information systems (GIS) now in use in most police forces. • Can produce maps highlighting areas and patterns of crimes, offences and incidents that are alcohol related.

Results analysis

Evaluates the effectiveness of Police – but can responses to specific issues. be any authority or agency

• Using results analysis will identify which responses are the most effective for various problems.

20

TACTICAL OPTIONS

Pro-active options
The following options cover preventative and pre-enforcement activities such as providing support, observing and monitoring premises and areas, and formal and informal warnings, among other things. They cover single and multi-agency operations and include technical options.

Option

Description

Lead agency

Suggested use

Education and information Education and information for licensees, bar staff, premises and security staff Education and information for enforcement agencies Provide specific education and information for owners, licensees and staff of licensed premises (‘on’ or ‘off’). Provide specific education and information for personnel. Licensing officer or any authority or agency, including the BII Police – but can be any authority or agency For: • new licensees/staff; • staff at ‘problem premises’.

To: • encourage a more confident and pro-active approach; • ensure that officials know the full extent of their responsibilities, powers and how to use them.

General area activities – routine or targeted High Visibility Policing (HVP) HVP of an area. Police To: • prevent/detect drunkenness, violence, etc.; • address area-specific problems. HVP – other agencies HVP and overt presence of guardians, e.g. street wardens, police community support officers, SIA door staff, taxi marshals, street pastors, other local authority and emergency services, etc. Police – but can be any authority or agency To: • provide community reassurance; • provide information, help and advice; • gather information and intelligence; • provide a visible presence and deterrence.

21

TACTICAL OPTIONS

Option
Search powers

Description
Use of stop and search powers with regard to patrons queuing for, entering or leaving, or if appropriate within, the premises. Also consider use of S.60 of the Criminal Justice and Public Order Act 1994.

Lead agency
Police

Suggested use
• S.60 powers can be authorised where appropriate to search people and vehicles entering a designated area. • To obtain evidence of use of drugs or weapons by patrons. • When used overtly, can have a preventative and deterrent impact.

Premises – targeted and ad hoc visits Overt visits to premises – by police patrol officers and neighbourhood policing teams Targeted or ad hoc visits to the premises by uniformed police officers – all visits recorded. Usually carried out by response and neighbourhood policing/safer community teams. Police To: • respond to incidents; • build rapport with staff; • gather intelligence; • identify breaches of conditions; • identify offences; • target single issues of non-compliance or increase supervision of premises; • detect drunkenness.

22

TACTICAL OPTIONS

Option
Overt visits to premises – by specialist licensing officers

Description
Targeted or ad hoc visits to the premises, including full completion of a visit record using a pro-forma template. Also consider use of overt video recording and/or still cameras.

Lead agency
Police and responsible authority licensing officers To:

Suggested use

• investigate and prosecute offences; • assess and monitor compliance with conditions of premises licences; • assess and monitor supervision and management arrangements; • consider any further actions necessary by management; • provide advice and guidance; • confirm incident and intelligence reports.

Overt visits to premises – by other agencies

Visits by: • environmental health officers (EHOs); • HM Revenue and Customs; • fire service; • trading standards; • Department for Work and Pensions; • immigration; • TV licensing; • planning department; • Health and Safety Executive. N.B. Ensure co-ordination of visits wherever possible.

Appropriate authority

To: • investigate and prosecute offences; • assess and monitor compliance with conditions of premises licences; • assess and monitor supervision and management arrangements; • consider any further actions necessary by management; • provide advice and guidance; • confirm incident/intelligence reports.

23

TACTICAL OPTIONS

Option
Covert visits to premises

Description
Covert visits to the premises. Also consider use of covert video and audio recording with appropriate authorities.

Lead agency
Police and/or police licensing officer and responsible authority officers To:

Suggested use

• gather intelligence; • confirm incident and intelligence reports; • check on levels of supervision and management; • obtain evidence of offences and breaches of licence conditions; • obtain evidence of ‘other’ offences – e.g. drug offences; • tackle offences of sales to drunks and purchase of alcohol by young people.

Observations

Conduct observations in the vicinity of the venue to assess compliance with legislative provisions.

Police and/or police licensing officer and responsible authority officers

To: • assess and gather evidence of compliance with legislative provisions; • assess and gather evidence of impact of the premises in locality.

Test purchase operations – off licensed and on licensed premises

Test purchase operations. N.B. To engage senior company representatives in enhancing local arrangements at the appropriate time, notify the premises licence holder, regional manager, etc. of the time and date of all proper challenges and failed test purchases (see related resources in online PDF version).

Normally joint operation between trading standards and police

To identify and gather evidence of: • sales to underage people; • failure to comply with conditions, e.g. Challenge 21; • persistently selling to young people (Violent Crime Reduction Act 2006); • out-of-hours sales; • unlicensed sales; • when appropriate, inform company of both passes and failures so they can provide recognition or ensure remedial action.

24

TACTICAL OPTIONS

Option
Tackle drugs problems

Description
Use of passive drugs dogs, drugs analysis machines to test patrons as a requirement for entry, swipes of surfaces during visits to test for controlled drugs. N.B. Could be used as preliminary option or to support an application for a search warrant under the Misuse of Drugs Act 1971.

Lead agency
Police To:

Suggested use

• prevent and disrupt criminal activity; • gather intelligence; • obtain evidence; • investigate and prosecute offences.

Technical options Operational use of CCTV General monitoring Use street or mobile CCTV systems for general monitoring in relation to an area/premises. Can be any authority or agency To: • monitor and/or record for intelligence, information or evidential gathering purposes. To: • change CCTV tour pre-sets or deploy additional capability to cover specific periods, areas/premises as identified by intelligence; • monitor and/or record for intelligence, information or evidential gathering purposes; • enable cataloguing of various types of incident in a schedule; • support police operations and patrol plans; • use CCTV centre as a forward control for specific operations or peak periods.

Targeted use of CCTV Coverage of specific areas/premises by changing ‘pre-sets’ on CCTV systems or utilising additional coverage. N.B. Where the requirement is for monitoring of a specific premises, persons or group of persons, consider Regulation of Investigatory Powers Act (RIPA) 2000 implications.

Police – but can be any authority or agency covered by the Act

25

TACTICAL OPTIONS

Option
Use of overt video/still cameras

Description
Use overt videoing of the venue, outside queue, door staff, searching, dispersal, etc. N.B. Can request venues to undertake this; can also consider as a licensing condition. No need for RIPA if overt.

Lead agency
As above

Suggested use
• Monitor and/or record for intelligence, information or evidential gathering purposes. • Act as a deterrent.

Seizure of CCTV records from premises

Seizure and review of the premises’ own CCTV material. (Check time/date stamp on recordings with reality.)

Police

• Review for intelligence purposes. • Use for evidential purposes. • Provide receipt and ensure evidential continuity. • Can require cooperation as a licence condition.

‘Soft’ enforcement Prioritise problem premises Use data to compare one premises against another and then produce a prioritised list of problem premises which can then be disclosed to premises of concern. Police – but can be any authority or agency • Normally used as part of a preventative strategy. • Can be used to target resources, intelligence collection, further analysis and enforcement. • Powerful lever to encourage premises to help tackle and reduce levels of violence and disorder.

26

TACTICAL OPTIONS

Option
Recognition and award schemes

Description
Recognise good standards management practice – e.g. Best Bar None scheme.

Lead agency
CDRP/CSP or local trade

Suggested use
• Encourages responsible management to achieve necessary high standards and good management. • Publicity can draw customers to safer venues – e.g. Best Bar None scheme.

Warn licensees – at venue

Visit premises to warn licensee about noncompliance, and keep written record.

Police and/or police licensing officer

• Initial face-to-face meeting for less serious breaches. • Can build rapport and trust with licensee, staff to promote effective working relationships, etc.

Write to licensees

Provide a formal letter with details of issues and concerns to premises licence holder, designated premises supervisor and, if relevant, senior management of the company.

Police and/or police licensing officer and responsible authority officers

To: • warn of minor breaches; • reinforce previous face-to-face meetings; • provide feedback where good practice has been identified.

Detailed action plan

Work with premises licence holder, designated premises supervisor and, if appropriate, senior management of the company to agree a detailed action plan to help them better manage their situation, including a monitoring process. Ensure plan is SMART (Specific – Measurable – Achievable – Relevant – Time bound).

Police and/or police licensing officer and responsible authority officers

• The action plan is for the premises to finalise and undertake to complete. • Document any refusal to co-operate. • Agree how and when the action plan will be monitored. • If you fail to agree an action plan or if it does not solve issues, consider a review.

27

TACTICAL OPTIONS

Option
Request voluntary closure

Description
Discuss with premises licence holder to agree a voluntary closure of premises, avoiding S.161 closure (see related resources in online PDF version).

Lead agency
Police and/or police licensing officer and responsible authority officers

Suggested use
• Can provide necessary time gap and opportunity to prevent escalation of problems and implement changes. • Can lead to reduction in resource requirement if S.161 closure process used. • Monitor displacement.

Use media to alert community of problem premises

Inform local community of problems and action being taken which may change customers’ habits and willingness of the premises to work in partnership.

Police – but can be any authority or agency

• Normally used as part of a preventative strategy. • Can be discussed at meetings to exert leverage or pressure. • Consider expert advice of press office in handling.

Positive publicity

Publicise good news stories – details of initiatives, improvements, success stories and, where necessary, prosecutions and reviews.

Police – but can be any authority or agency

• Can be used to identify premises, individuals and organisations playing their part in preventing and reducing violence and disorder. • Can also be used in conjunction with the above media option and the identification of problem premises.

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TACTICAL OPTIONS

Legal options Option Description Lead agency Suggested use

Venues/premises Review Review of premises licence, S.51, Licensing Act 2003. Police and/or interested parties or responsible authorities Enforces intervention by giving it legal effect. Can include: • modifying or adding licence conditions; • excluding licensed activity or altering hours; • removing designated premises supervisor; • suspending licence for up to three months; • revocation of premises licence. Penalty Notice for Disorder Early intervention package for disorder and licensing offences. Police • AMEC operations. • Joint licensing operations. • Everyday policing. Closure Notice Threaten and/or use Closure Notice under S.19 of the Criminal Justice and Police Act 2001 to ensure compliance or initiate closure (see related resources on online PDF version). Police and/or police licensing officer and responsible authority officers • Can be used following a breach of licence condition as a lever to force improvement and compliance. • Failure to comply with a Closure Notice can trigger an application to the Magistrates’ Court for a Closure Order.

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TACTICAL OPTIONS

Option
Closure powers

Description
Use Closure Orders under Ss.160–161 of the Licensing Act 2003. (See related resources in online PDF version.) Seek a magistrates’ order for closure under S.1 of Anti-social Behaviour Act 2003. N.B. Test purchase evidence on the supply of ecstasy, cocaine or other Class A drugs would provide the necessary evidence (sometimes referred to as crack house closure powers). (See related resources in online PDF version.)

Lead agency
Police or, in the case of public nuisance caused by noise nuisance, environmental health officers

Suggested use
• Utilise powers to close premises where disorder may arise, or where this is public nuisance being caused by noise coming from a premises. • To close problem premises where reasonable grounds to believe that premises are used to produce, supply or consume Class A drugs and are causing a nuisance to the public. Can lead to closure within 48 hours for an initial period of three months up to six months.

General area Designated Public Place Orders (DPPOs) To prohibit the drinking of alcohol in designated public areas under Ss.12–16 of the Criminal Justice and Police Act 2001. Local authority • Use where specific areas have been identified as being a focus for alcoholrelated violence and anti-social behaviour – e.g. city centres, outside venues, public parks, etc. • To remove and seize alcohol where required and appropriate. N.B. S.155 of the Licensing Act 2003 extends S.12 of the Criminal Justice and Police Act 2001 and S.1 of the Confiscation of Alcohol Young Persons Act 1997.

Confiscation of alcohol

Use to confiscate alcohol (both sealed and open containers) from adults who are causing, or who are likely to cause, a public nuisance in areas subject to a DPPO (see above). Use to confiscate alcohol (both sealed and open containers) from young people in public places where the police believe they have been drinking or intend to drink alcohol in that place.

Police

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TACTICAL OPTIONS

Option
Cumulative impact policy

Description
Provide evidence to licensing authority of need for cumulative impact policy to be adopted in a particular area. Once adopted, this creates a rebuttable presumption that any new licences would not be granted in this area. Design out crime and nuisance by seeking expert opinions of planning officers and crime reduction and architectural liaison officers.

Lead agency
Police

Suggested use
• Use where specific areas have become ‘saturated’ as a focus for alcohol-related violence and antisocial behaviour.

Secured by Design and planning issues

Police

Useful at: • provisional statement stage; • initial grant stage; • planning application stage. Can use to consider temporary street closures and positioning of amenities – e.g. transport facilities and size, mix of premises, etc.

Safety Advisory Group

Set up a panel of advisory experts, including fire, police, ambulance, local authority, etc.

Police and other authorities

• To vet all large- to medium-scale premises’ applications in advance of a formal application. • Use where specific areas have been identified as being a focus for persistent anti-social behaviour, disorder or intimidation. • Use to direct individuals to disperse and leave an area for up to 24 hours. • After 9pm, can be used to return young people under 16 to their home addresses.

Dispersal Orders

Implement Dispersal Orders under Part 4, Ss.30–36 of the Anti-social Behaviour Act 2003.

Police and local authority

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TACTICAL OPTIONS

Option

Description

Lead agency

Suggested use

Potential options under the Violent Crime Reduction Act 2006 Alcohol Disorder Zones (ADZs) Enable police or responsible authority as a last resort to apply for an area to be designated as an ADZ. Police or responsible authority • To use in specific areas where other work, including use of the Licensing Act 2003, has not delivered a reduction in alcohol-related crime and disorder. • Use against problem individuals to protect others from drunken behaviour.

Drinking Banning Orders

Similar concept to ASBOs, but specifically relate to persons responsible for alcohol-related crime and disorder and are between two months and two years in duration. Empowers police to direct individuals to leave a locality for up to 48 hours.

Police or licensing authority

Direction to Leave

Police

• Use to defuse potential problems and prevent alcoholrelated crime or disorder in that locality. • To respond quickly to a new problem where a senior police officer certifies that the premises are associated with serious crime or serious disorder. • Can offer option to prohibit the sale of alcohol for up to 48 hours as an alternative to prosecution. • Useful to deal with irresponsible/rogue premises. • Provides high-profile exposure. • Brings premises to the public’s attention.

Expedited licensing reviews

Enable licensing authority to consider interim steps within 48 hours, pending a review – e.g. conditions, removal of designated premises supervisor, suspension of licence, modification or exclusion of sale of alcohol. New offence committed by premises licence holder if three or more sales to children are made within a three-month period.

Police

Persistently selling to children

Police or trading standards

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CONDITIONS ON PROBLEM LICENSED PROVIDERS

Introduction
Section 4 of the Licensing Act 2003 clearly defines one of the primary functions of licensing authorities as being to ensure that the four objectives of the Act are not undermined. The four objectives of the Act are: 1 the prevention of crime and disorder; 2 the prevention of public nuisance; 3 public safety; and 4 the protection of children from harm. The Act also enables the placing of conditions on a premises licence to support the maintenance of the four objectives.

Placing conditions
Placing a clear description of these conditions on a licence has been found to be very useful to define the steps that need to be taken to ensure that the objectives of the Act are not undermined. Clearly defining the required conditions also means that the premises licence holder and the enforcement agencies know what to expect in terms of the standards required for the safe operation of the venue/premises.

Enforcing conditions
Under the Licensing Act 2003, any such conditions placed on a premises’ licence are enforceable, as a breach of a licence condition is now a criminal matter. On summary conviction an offender may be liable to six months’ imprisonment or a fine of up to £2,000 or both. Supporting this power, paragraph 127 of Schedule 6 of the Licensing Act 2003 expands the powers under Sections 19–28 of the Criminal Justice and Police Act 2001 so that they apply to any premises selling alcohol for consumption on the premises in breach of its licence conditions. For example, if CCTV was required as a condition of the licence and it was found not to be operating, closure powers under this Act could be invoked by either the police or the local authority. Closure of licensed premises is a two-stage process: 1 The first stage involves serving a Closure Notice requiring the recipient to take action to cease the illegal activity or, in effect, to cure the breach of any licence condition that is occurring.

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2 The second stage occurs if the police or the local authority are not satisfied that the breach has been remedied, or if unauthorised sales are continuing. In this case they may seek a Closure Order from a Magistrates’ Court. The application for a Closure Order must be made not less than seven days, and not more than six months, after the Closure Notice was first served. The Closure Order may: 1 physically close the premises to members of the public until a constable or local authority terminates the order; and/or 2 require that unauthorised alcohol sales be discontinued immediately; and 3 also require the defendant to pay a sum of money to the court which will not be released until the other requirements of the order are met.

Defining conditions
Conditions must be tailored to a premises and the specific problems it encounters. When suggesting suitable conditions, they must be necessary for the particular premises involved, taking into account its size, style and characteristics. Conditions should not just be standard or blanket conditions, but must relate to the specific and individual needs of each case. Note that the conditions are additional to any statutory conditions catered for in other legislation or the Licensing Act itself, and it is not possible to include a condition that is already covered by other legislation and would therefore duplicate it. For example:

‘No disorderly conduct shall be allowed on the premises’. This is covered by Section 140 of the Licensing Act 2003.

However, conditions can expand on matters covered by other legislation. For example, Section 140 of the Licensing Act 2003 makes it an offence to allow disorderly conduct on a licensed premises, so this could not be a condition. However, it would be possible to have conditions that would help to reduce the risk of disorderly conduct in the first place, such as:

• •

‘The premises shall not operate drinks promotions whereby the minimum price for a single drink is less than £1.50.’ ‘The premises shall not conduct multiple drinks promotions such as 2 for 1 or 3 for 2.’

However, when seeking conditions such as those above, it will be important to demonstrate a clear link between sales promotions and discounting and levels of disorder on or in the vicinity of the premises. It is also important that such approaches relate to individual premises. Any attempt to apply blanket conditions on price promotions are contrary to the Licensing Act 2003 and risk breaching competition law.

Successful convictions
Successful convictions will only result where conditions are clear and specific and it is possible to gather evidence to show that the condition(s) have in fact been breached. So a condition that requires a specific number of Security Industry Authority (SIA) registered door supervisors to be working at the premises at a specified time – and even at a particular place on the premises – can easily be checked and verified by the police. Whereas a condition that states that ‘random drug searches may be carried out’ is almost impossible to prove. In agreeing conditions, it is often the case that operators will offer up a condition that uses the word ‘may’. This should be challenged by any enforcement agency reviewing the wording of a proposed condition, as this can also be read as ‘may not’, so it would be impossible to enforce or demonstrate non-compliance.

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CONDITIONS ON PROBLEM LICENSED PROVIDERS

Issues and factors to consider
The following sections provide a checklist of questions which address some of the key issues and factors that could assist in defining conditions and assessing their suitability, to ensure that the objectives of the Licensing Act 2003 are not undermined. However, it should be noted that many of the approaches suggested here may represent significant costs to the business and/or restrictions on the operation of the premises. It is therefore important that such measures are considered to be proportionate and justifiable to address specific problems associated with particular premises. Conditions that are requested as a matter of routine or applied in blanket fashion risk being rejected by the licensing authority or challenged in the courts on appeal.

Admission to venues

Who will supervise: – customers queuing to get in? – the use of suitable crowd control measures?

CCTV coverage of the entrance and queue. How will you ensure: – the CCTV includes a full-face quality image of persons entering/leaving the premises? – the retention of images? – how, when and where the responsible authorities may access the material?

• • • • • • •

Is there a need to ID scan customers entering the building? What are the levels and gender mix of door supervision and what are the times when it is required? Where is the most effective location of door supervisors at those particular premises – e.g. by the entrance and exit, near the bar? What are the signage requirements? What should the capacity limits on certain activities or events be and how will it be ensured that the occupancy figures are not exceeded? Is there a need for a restriction on time of entry to a premises – e.g. where other premises in the locality close at an earlier time? Is there a need for: – the active use of accredited proof of age schemes – e.g. the use of photocard driving licences and passports and Challenge 21 pass schemes? – proof of age signage? Who will be challenged and how will it work? – conditions relating to children’s events? – a refusals register for ID checks and prescription of what details it should contain? – considering the age of admission – e.g. the exclusion of under-18s, either totally or through placing a restriction on the areas where children are permitted at certain times, particularly in relation to adult entertainment establishments?

Age-related problems

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CONDITIONS ON PROBLEM LICENSED PROVIDERS

Dispersal of customers

• • • • •

What are the levels of supervision required in and outside the building, and for how long are they required? Is there a need for notices and announcements to advise customers to respect the neighbourhood and keep disturbance and noise to a minimum when leaving the premises? Where late operating hours are not granted, do you need conditions regarding a set time for patrons to leave the premises after the end of operating hours? What are the levels of music and how will it change as the night draws to a close? Provision of transport – what will be provided and how will customers access it – e.g. availability of a free phone link to private hire or taxi companies to arrange transport for patrons leaving? Maintenance of search records – what will be contained within them, when will they be used, by whom will they be used and what are the policies for dealing with the seizure and retention of recovered drugs and other prohibited items and notification to the police? What are the circumstances under which searches will be conducted? Where will searches take place – under CCTV? Should you define the use of suitable detection devices for searching of customers to detect weapons and drugs and when and where they will be used? What steps should be taken within the premises to prevent drug misuse – e.g. regular checks of the toilets and a log to be kept of when checks are done and what was found? Would police dogs be useful? Should you: – prevent glass vessels, bottles or alcohol being taken out of the premises or taken into a public place other than a beer garden or similar area attached to the premises (as long as the garden or area do not directly adjoin the public highway)? – consider the use of a plan clearly defining these areas? – require secure bottle bins to be supervised at every exit? – prohibit glass vessels or bottles and prescribe the use of plastic containers for certain activities, events or during certain periods? – set the ratio of door supervisors to customers? – prescribe the use of metal detectors for searching customers and how and when they will be used? – set internal levels of supervision and when and where supervisors are required?

Searching and drugs

• • • • • •

Welfare and health of customers

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CONDITIONS ON PROBLEM LICENSED PROVIDERS

• • • • • • • • • • • • • • • •

Are adequate SIA registered staff of the appropriate gender available for the searching of male and female customers? What is the extent of the search that is required? Should you prescribe accident/incident books for recording bodily injury and incidents which take place within the premises or in the vicinity? If so, they should be bound, sequentially numbered and made available to responsible authorities when requested. Internal CCTV – is it of a standard acceptable to the police and in positions agreed with the police – preferably shown on a plan? Are qualified first aid personnel present during certain times or for certain events – e.g. when there are large numbers of people attending? Occupancy – what should the total number of patrons be and what number per room? How will this be regulated? What is the ratio of available seating to customers? Is it adequate? Should you prescribe the provision of CCTV and define where cameras are located, how long material is to be retained, and who will have access to it and how they will get that access? What is the type and weight of furniture available – particularly in outside areas where its movement may cause danger to the users of the premises or other persons? Is there a need for openings to the premises that prevent noise pollution from within the premises – e.g. a double door entry system with closure springs? Are mirrors necessary to aid supervision and management within the premises? If so, where should they be placed? Should alcohol only be displayed or sold within a specified and specially restricted and supervised area of a large retail store? Should you prescribe membership of, and participation in, Pub Watch, radio links or similar schemes to share information on persons who cause disorder, and to co-operate to prevent their entry into licensed premises? Is there a need for the physical presence of the designated premises supervisor and/or a premises licence holder at certain times, or for specific events or activities when there are customers on the premises? What is the internal layout? Do you need conditions to ease congestion around pinch point areas – e.g. a ‘Keep Clear Zone’ to be clearly marked around access to toilets, access to the dance floor, access to the bar area, etc.? Collection of empty glasses and bottles – how should this be done, by whom and when? Is there a requirement for the volume of amplified entertainment to be reduced after a certain time – e.g. to a level that cannot be heard outside the premises?

Premises design

Management of premises

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CONDITIONS ON PROBLEM LICENSED PROVIDERS

• • • • •

Should there be specified patrols by qualified staff around the vicinity of the premises to ensure that there is minimal noise nuisance at times when certain events are taking place? Should you restrict times that external areas such as beer gardens are used? Is there the right level and availability of staff – e.g. a minimum level of staffing in an off licence, or permanent presence of a dedicated staff floor walker in the alcohol section of a large retail store? Should details such as the premises summary, the operating hours of the premises, and the name of the designated premises supervisor be displayed? Is there a need for specific management personnel – e.g. the designated premises supervisor – to make themselves readily available and attend meetings with officials to police or local authority staff to discuss issues. How will they ensure that children cannot access the entertainment? How will children be protected? How is the safety of the performers ensured?

Adult entertainment

• • •

Please note: The above list is not intended to be an exhaustive list and should only be viewed as a sample of the issues and factors which may be useful to consider when developing conditions for premises’ licences. Whatever conditions are used, they should be necessary and proportionate and must be designed to ensure that the four objectives of the Licensing Act 2003 are not undermined (namely, the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm). If the condition does not directly do this then it will not be enforceable.

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NEXT STEPS

The online PDF version of this guide contains links to a wealth of additional sources of information, and we would encourage you to access them. The Tackling Violent Crime Programme has been effective, and the initiatives to tackle alcoholrelated violence and domestic violence will continue to be developed and built into everyday activities. The Government remains committed to dealing with this issue and the Violent Crime Reduction Act 2006 will provide the police, national and local government and other bodies with greater and more flexible capability, including additional enforcement powers and options designed to reduce alcohol-related crime and disorder. The Police and Crime Standards Directorate, through the Police Standards Unit, will continue to promote and support operational approaches and initiatives in this area. ACPO, through the Licensing Portfolio, has also re-established the National Police Licensing Forum which will provide single points of contact in forces throughout England and Wales. This will make available a network for the sharing of good practice and lessons learned. To support this, it is intended that this guidance becomes a ‘living document’ and is kept up to date by locating it on the Home Office Crime Reduction website (www.crimereduction.gov.uk) for you to share your experiences and learning in this area.

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ACKNOWLEDGEMENTS

The Crime and Police Standards Directorate is grateful to the authors of this document:

• • • • •

Detective Chief Superintendent Richard Mann – Police Standards Unit Stephen Chapman – Field Worker, Home Office Violent Crime Unit Inspector Paul Winter – Local Area Commander, Nottingham City Centre Heather Middleton – Deputy Force Solicitor, Nottinghamshire Police Inspector Duncan Slade – Licensing Department, Westminster Borough, Metropolitan Police Service

Thanks are also due to the following for their efforts and assistance in producing this document:

• • • • • • • • • •

Chief Inspector Steve Furnham – Cardiff BCU, South Wales Police Chief Inspector Amanda Dellar – Metropolitan Police Service Chief Inspector Karen Ravenscroft – Alcohol Lead, Police Standards Unit Inspector Neil Mutch – Sheffield BCU, South Yorkshire Police James Aitkin – Force Licensing Officer, Gwent Police Andy Pownall – Field Worker, Home Office Violent Crime Unit Andy Smith – Violent Crime Lead, Government Office for the West Midlands Corinne Chamberlain – Violent Crime Lead, Government Office for the South West James Findlay – Barrister Gary Purser – Project Facilitator, Gary Purser & Associates

Produced by COI on behalf of the Home Office. November 2006. Ref: 278065