WARNING AND EXCLUSION CRITERIA
Red card offences will result in an immediate ban being issued:
- Three points = 9 months
- Four points = 12 months
- Five points = 18 months
Yellow card offences will result in a warning letter being issued.
If two or more warnings result in three points or more over any 12-month period a ban will be issued.
The length of ban following a warning will depend on the number of cumulative points received:
- Three points = 3-month ban
- Four points = 6-month ban
- Five points = 12-month ban
- Six points = 18-month ban
- Seven points or more = board decision (max 36 months)
[NOTE: any reported extenuating or aggravating circumstances will be taken into account and members reserve the right to adjust the points issued at their discretion]
CRIMINAL CONVICTIONS
Any offender in receipt of a criminal conviction from Hastings Magistrates Court or Crown Court (where the offence took place in Hastings) for any of the above offences will receive an automatic exclusion:
- Yellow = nine months
- Red = 18 months
PROBATION PERIOD
During the six months following end of exclusion the following exclusions will immediately apply:
- Any yellow offence – two-month exclusion
- Any red offence – 18-month exclusion
PERSISTENT OFFENDER POLICY
Persistent offenders are defined as:
- At least one reported incident per month over a six-month period
- Receipt of three consecutive exclusion notices with less then six months between each notice
- More than three criminal convictions for any of the above offences in any 24-month period
Identified persistent offenders will be considered for further action in conjunction with Sussex Police which may result in exclusion from the geographic area with the penalty for a breach of a court order involving a custodial sentence.
RED CARD OFFFENCES | First recorded offence | Offence following earlier warning or exclusion |
Theft from premises over £250 | 3 | 3 |
Supply or intent to supply drugs | 3 | 3 |
Minor assault on member of staff (no injury caused) | 3 | 3 |
Possession of bladed/offensive weapon | 5 | 6 |
Serious assault on member of public or customer (resulting in any form of injury) | 5 | 6 |
Possession of firearm | 5 | 6 |
Assualt on member of staff resulting in physical injury | 5 | 6 |
Sexual assault (e.g. any uninvited physical contact of a sexual nature) | 5 | 6 |
YELLOW CARD OFFENCES | First recorded offence | Offence following earlier warning or exclusion |
Theft from premises under £50 | 1 | 1 |
Aggressive begging within 50 yards of a member premises | 1 | 1 |
Failure to comply with stopping drinking alcohol on the street | 1 | 1 |
Ejection from venue (too drunk and refused sale – co-operating without resistance) | 1 | 1 |
Abusive/offensive language to member of staff or customer | 1 | 2 |
Ignoring the request of BID staff to move away from member premises | 1 | 2 |
Causing or encouraging others to behave in anti –social manor | 1 | 2 |
Urination in a public place | 1 | 2 |
Online harassment/threats to members of staff via email or social media | 1 | 2 |
Criminal damage (minor/reckless – damage less than approx £50) | 1 | 2 |
Possession of Class B or C drugs | 1 | 2 |
Minor assault on member of public/customer (e.g. pushing) | 2 | 3 |
Breach of section 35 dispersal notice | 2 | 2 |
Defecation in a public place | 2 | 2 |
Explicit verbal threat of violence to staff or customer | 2 | 2 |
Ejection from venue (too drunk and refused sale – physically resisting) | 2 | 2 |
Criminal damage (with intent – damage over £50) | 2 | 2 |
Attempting to sell stolen goods in a member premises | 2 | 2 |
Passing counterfeit money / cheque fraud / use of stolen card | 2 | 2 |
Possession of Class A drugs | 2 | 3 |
Racist or homophobic language | 2 | 3 |
Non-physical sexually inappropriate behaviour (e.g persistent attempts to gain attention after being turned down, unwarranted sexually explicit language) | 2 | 3 |
Theft from person (e.g. bag snatch or pickpocketing) | 2 | 3 |
Theft from premises over £50 | 2 | 3 |