Exclusion Notices FAQS
Q1. I've received a warning letter. What does that mean?
We send out a warning letter to people when we receive a report from one of our members that they have been involved in an incident. The letter is to let you know what information we have about you , what we will do with it, how long we will keep it and who we will share it with. It also serves to warn that you may be banned from our members' shops and venues if you continue to misbehave.
Q2. I've received an Exclusion Notice. What does that mean?
It means that our members don't want you to go into their shops and venues and you are banned from doing so for a period of 12 months. If you try to go in you will be stopped and trying to go in could be considered anti-social behaviour. We may report that to the City Council's Anti Social Behaviour Team and Sussex Police. We will circulate your name, date of brith and photograph to our members on a secure intranet so they know you are banned.
Q3 How do I know which places I am banned from entering?
The Exclusion Notice you receieved also comes with a list of places.
Q4 Who decides if someone is going to be excluded?
The BCRP Board of Management considers the evidence very carefully and often conducts additional investigations and then decides jointly if an individual is going to be excluded. The default position is NOT to exclude someone unless there is robust evidence to support an exclusion.
Q5. Can the police ask for someone to be excluded?
No. The police play no part in the decision making process, although the BCRP may ask them for an address or evidence or information about an individual.
Q6. Doesn't excluding people contravene their human rights.
The rights of people who are excluded have been balanced against the rights of our Members to protect their staff and property from harm or loss. The BCRP believes that their rights in this regard outweigh the rights of the excluded individual.
Q7. Doesn't sharing personal data [name, date of birth and photo] with BCRP Members contravene the 2018 Data Protection Act which includes the General Data Protection Regulation [GDPR].
The BCRP has a 'legitimate interest' in sharing your data i.e. to protect our Members' property, staff and customers from loss or harm and this is allowed under the Act and GDPR [see the Data Protection FAQs page and also the Privacy Statement [Offenders] at the bottom of this page].
Q8. What do I do if I want to complain about being excluded?
If you believe you have been wrongly excluded you can appeal in writing to the Board of Management, PO Box 5398. Brighton BN50 8GQ. If you believe that the BCRP has contravened the Data Protection Act 2018 you can complain to the Information Commissioner via their website https://ico.org.uk/concerns/handling/
Q9. Can my exclusion be ended earlier than 12 months?
If there are no further incidents reported to the BCRP during the first six months of your exclusion you can appeal and ask the BCRP to review it. You will have to ask in writing [address is in the answer to Q8] explaining why it should be reviewed. You will then have to appear before the Executive Committee of the BCRP in person. If your exclusion is ended early you will have to accept that if any Member reports a single incident in the next 6 months you will get an automatic 12 month exclusion and there will be no right to appeal.