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3. What is an Exclusion Notice?
There is a presumed invitation by businesses, which allows members of the public
to enter their premises and either view or buy merchandise on display.
The issue of an exclusion notice withdraws that invitation to the person issued
with the exclusion notice.
This scheme only applies to those businesses that are members of Scarborough
Anti Theft Group Business Against Crime and have confirmed their involvement in
the scheme and have signed the relevant partnership protocols and agreements.
Some businesses already operate similar notices, but only in relation to their own
businesses.
This scheme allows the partnership to issue exclusion notices on behalf of its
members, excluding offenders from the premises and of all members of the
Scarborough Anti Theft Group Business Against Crime.
4. How will it work?
4.1 Criteria for the issue of an exclusion notice
4.1.1 Individuals receiving an exclusion notice will normally be known as
persistent offenders or troublemakers. Circumstances leading to the issue of an
exclusion notice will vary, for example, where an individual commits an offence
that requires an immediate and appropriate response or where the number of
documented incidents reported to the partnership manager suggests that an
individual's behaviour has reached the stage where an exclusion notice is
appropriate. Reported incidents will relate to, for example:
Theft Act offences,
Illegal drugs,
Public Order offences,
Criminal damage,
Possession of offensive weapons
Assault
Anti social behaviour
4.1.2 It may also be the case that an individual has a case pending which may
lead to a conviction in the near future. In these circumstances the
partnership manager will consult with the police and the partnership
before a decision is made to proceed. Due consideration must be given
to all the circumstances involved to ensure the decision to proceed is
fair and appropriate.
The issue of an exclusion notice is not dependent on a previous criminal
conviction/caution or anti social behaviour order.
Therefore, subject to Human Rights considerations, and having regard
for all the circumstances of the offending behaviour/ documented
activity, consideration to issue an exclusion notice will be made, for
example, as follows:
a) Adults
Where an offender is arrested and subsequently prosecuted or
cautioned. A caution may be counted as a conviction as the
offender will have admitted the offence.
Where an individual is arrested and bailed by the police to
conduct further enquiries into offences against member/s
premises and the circumstances of the case/s suggest that the
alleged offences were of such a nature that an exclusion notice is
appropriate.
Where the number of documented incidents or the gravity of the
offending reported to the partnership manager suggests that an
individual behaviour has reached the stage where an exclusion
notice is an appropriate response.
A person subject of an exclusion order from the courts under
the Licensed Premises (Exclusion of Certain Persons) Act 1980.
or a combination of the above circumstances.
b) Juveniles -
Where a decision is made to prosecute an offender or formally
deal with (ie. reprimand or final warning) the offence committed.
Where an individual is arrested and bailed by the police to
conduct further enquiries into offences against member/s
premises and the circumstances of the case/s suggest that the
alleged offences were of such a nature that an exclusion notice is
appropriate.
Where the number of documented incidents or the gravity of the
offending reported to the partnership manager suggests that an
individual behaviour has reached the stage where an exclusion
notice is an appropriate response.
or a combination of the above circumstances.
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