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Been banned? Breached your ban? FAQ If you have been banned by one of the Mendip pubwatches then you are banned from all member premises, including participating taxi companies, throughout the Mendip District Council area. That is what Banned from one - Banned from all means.
Can I appeal?
Of course, but you only have 28 days from being banned in which to do so. Where your behaviour was such that you were arrested, spoken to by the staff at the time etc then you should consider the 28 days to be running from then
Can I have legal representation?
Yes, but this is at your own expense.
What are possible outcomes of an appeal?
If the committee considers the appeal to be frivolous, for example, if you are seen on CCTV committing anti-social behaviour such as damage or violence or you are merely stating that you believe Pubwatch to be an unfair system then we reserve the right not to hear your appeal.
A successful appeal could result in variation of the length of the ban if genuine mitigating circumstances are demonstrated by you.
What happens if I breach my ban?
Your ban may be extended by 6 months or more for each breach so you need to ask yourself, 'Is it worth the risk of being spotted?'
The Right to Exclude
There is an implied permission by public houses to members of the public to enter their premises. The public house is entitled to revoke that implied permission and that is what the ban actually does. It is not a Human Rights issue - we are not a public body and it does not concern the exercise of a public function.
Domestic law, supported by the European Court of Human Rights permits revocation of the implied licence by a public house whether upon the existence of reasonable grounds or otherwise. Thus the absence of published criteria identifying the circumstances in which a person may be served with an exclusion notice is wholly irrelevant.
The ability to revoke the licence without reason makes procedural safeguards redundant.
Necessity is irrelevant because public houses are exercising an entitlement in domestic law. The conduct of excludees makes the action taken both necessary and proportionate in that it helps protect public house staff and customers from theft, violence, damage and abusive behaviour etc. It also forces excludees to address their conduct and limits the time that the exclusion is in place.
How can I help myself?
Make contact with the pubwatch for the town where it happened at an early stage. A phone call to a pub in the town will help you to find who the current chair is so that you may then speak with them. They will not discuss the matter in detail but can advise you where to send letters of appeal etc.
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