New CCTV Code of Practice

Although the term 'blanket conditions' has been publicly rejected by Licensing Authority and Police forces across the land, one particular class of condition has been seen as an almost Pavlovian response to new licence or variation applications (regardless of subject) - namely the CCTV condition.

The detail of the local CCTV condition can vary from area to area with some areas issuing reams of technical requirements and dictating minimum numbers and locations of camera within the premises to others with a simpler requirement for a system with meets the local Constabulary's 'reasonable' satisfaction. In some cases it is so automatic that the representation is issued irrespective of the fact an almost identical CCTV condition has already been proposed by the Applicant or even exists on the premsies licence already.

The consultation by the Department for Communities and Local Government, which ran from 7 February until 21 March 2013, received a number of responses, a summary of which you can read here.

Respondents suggested that CCTV can be immensely effective even where there is not a pressing substantive problem in existence, e.g. to prevent anti-social behaviour, to enforce parking regulations and to help locate missing persons, none of which might be the initial reason why it was installed. It was suggested that there should be a broader, more meaningful debate on whether CCTV should be in use at all.

Nevertheless, the Department for Communities and Local Government identified concern regarding the apparent automatic CCTV requirement and has laid a new Code of Practice before Parliament for approval as part of the Protection of Freedoms Act 2012; approval is expected imminently and we shall keep you updated.

The new Code states:

1.15 When a relevant authority has licensing functions and considers the use of surveillance camera systems as part of the conditions attached to a licence or certificate, it must in particular have regard to guiding principle one in this Code..... For example, it is unlikely that a trouble-free community pub would present a pressing need such that a surveillance camera condition would be justified. In such circumstances where a licence or certificate is granted subject to surveillance camera system conditions, the consideration of all other guiding principles in this Code is a matter for the licensee as the system operator."

Councils imposing the use of CCTV in pubs will now be subject to this new stricter Code of Practice with the aim of striking a proper balance between privacy and security.

Community Pubs Minister Brandon Lewis said:

"CCTV has a role to play in stopping and deterring crime in anti-social behaviour hotspots."

"But well-run community pubs that don't have a public order problem shouldn't be tarred with the same brush."

Licensing Authorities should read the new Code closely as failure to apply the principles of the Code could be taken as points in Appeals by disgruntled Operators.

The new Code states:

1.16 A failure on the part of any person to act in accordance with any provision of this Code does not of itself make that person liable to criminal or civil proceedings. This Code is, however, admissible in evidence in criminal or civil proceedings, and a court or tribunal may take into account a failure by a relevant authority to have regard to the Code in determining a question in any such proceedings.

We would now anticipate that Licensing Authorities will adopt the principles of the Code within their individual Statements of Licensing Policies.

A further principle of the new Code states "The use of a surveillance camera system must take into account its effect on individuals and their privacy, with regular reviews to ensure its use remains justified."

This would seem to provide encouragement for existing conditions to be reviewed to 'ensure its use remains justified'. 

If you would like to discuss the implications of the new Code may have on your operation, please contact one of our dedicated Licensing Solicitors.