Yellow Card - How It Works

Organisations & individuals involved in the licensing process must carry out their functions or run their businesses with a view to promoting the licensing objectives.

These objectives are:

• The Prevention of Crime & Disorder
• Public Safety
• The Prevention of Public Nuisance
• The Protection of Children

With this in mind Portsmouth BCRP will now introduce a new initiative...

The Yellow Card Scheme

How does it work?

• Offender initially issued a Yellow Card or Section 27 for NTE related Anti-Social Behaviour, offender will be made aware that he/she will stay on PBCRP member's record for 12 months.
  (Businesses can run this scheme through their common law rights, S.27 issued by the police can be assessed by scheme manager and if relevant a Yellow Card issued for purposes of 'the prevention & detection of crime')
• If the same offender causes more Anti-Social Behaviour within that 12 month period they will be served with a 2nd Yellow Card and sent a 12 month exclusion notice.
  (Offenders will be notified that they are now excluded from PBCRP member's premises for twelve months in writing).
• If an offender does not re-offend in the twelve month period that they were on the database, their details automatically are removed from the database.
  (All compliant with the eight principles of data protection)
  1. Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless -
     (a) at least one of the conditions in Schedule 2 is met, and
     (b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.
  2. 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. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
  4. Personal data shall be accurate and, where necessary, kept up to date.
  5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
  6. Personal data shall be processed in accordance with the rights of data subjects under this Act.
  7. 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.
  8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
• If offender continues to breach the exclusion notice, their details will be passed to the Councils Anti-Social Behaviour Team where a Banning Order (BO) will be sought.
• If the offender still continues to breach their exclusion/BO they then could face up to 5 years in prison and/or a fine.
• PBCRP members will take a 'zero tolerance' approach to assaults on staff, weapons and drug dealing, all of which carry an automatic 'Red Card' and a twelve month ban/exclusion.

The Yellow Card scheme is managed through PBCRP members/security and the scheme manager;

• Secure Offender Management Intranet.
• Fortnightly Security Briefings.
• All PBCRP's NTE members with/without SCAN Net.

By introducing the Yellow Card scheme we aim to warn offenders that their actions are unacceptable and that they could be banned from members for an entire year, in doing so we can reduce the amount of alcohol related crime, disorder & public nuisance occurring in the night time economy, 'Target Harden' prolific offenders and promote a positive city image.

Who issues Yellow/Red cards?

Yellow Cards can be issued primarily by door staff and management. Prolific offenders eventually will become known to staff and by reporting any exclusion breaches by offenders, members, via the database we will send out a clear message to those whose behaviour is unacceptable.

Summary

By reducing the amount of disruptive drinkers from areas where their excessive behaviour is likely to provoke trouble or cause Anti-Social Behaviour we will be upholding and promoting those licensing objectives and be compliant with the Police Reform & Social Responsibility Act, in doing so we will be promoting Portsmouth through a positive press and PR, as a safe city and reducing the fear of crime.