Terms of Reference
1.0 The scheme shall be known as Coleraine and District Door Supervisor's Registration Scheme (CDDSRS). CDDSRS is a scheme recognised by Coleraine Borough Council.
1.1 The Scheme is to be managed by a Committee of 12 constituent members made up of: 5 Trade representatives 4 Elected members from Coleraine Borough Council 3 Representatives from the PSNI 2 Representatives from the door supervisors
1.2 A quorum consisting of 6 members, being 2 each from the various bodies will be required to consider all C.D.D.S.R.S. Committee matters.
1.3 In the event of a voting member not being able to attend a meeting, the absent member may appoint another person of similar standing to attend the meeting and vote on their behalf. Names of up to two such persons per member should be lodged with the Secretary.
1.4 Other persons concerned with the employment and registration of Door Supervisors and representatives of those registered under the scheme may be invited to attend committee meetings as advisers or observers.
1.5 Executive officers will be drawn from the constituent members to undertake roles as: Chairman Vice-Chairman and any such officials as is deemed necessary. Such officials will be elected at an Annual General Meeting or by an extraordinary meeting of the committee should a vacancy arise.
1.6 The chairman will not hold office for more than two years and the vice-chairman will succeed to the vacant post.
1.7 The posts of chairman and vice-chairman can be held only by representatives from the trade and the Council and shall be alternated.
2.0 All liquor licensed premises within the Borough of Coleraine holding a public entertainment licence will have, with effect from renewal in September 1999, a condition inserted in the licence under the provisions of the Local Government (Miscellaneous Provisions) Order (NI) 1985 (as amended) that any door supervisors employed at the premises must be registered with a scheme recognised by Coleraine Borough Council.
Application
3.0 On receipt of a correctly completed application form, together with a fee of £30 and 4 passport size photographs, the application will be processed and a criminal records check will be carried out. At the discretion of the Committee, up to £10 of the full fee may be refunded if the application is not processed.
4.0 (i) Any requests under the Scheme to the Criminal Records Office for information on all relevant convictions will be made using a standard form of indemnity. (ii) Any unspent convictions (within the terms of the Rehabilitation of Offenders legislation) will be viewed by a Police Officer who is familiar with the Scheme, and the convictions will be assessed as to their seriousness and/or relevance. In assessing suitability for registration and in disciplinary matters consideration will be given to the guidance contained in Home Office Circular 60/95 –Registration Schemes for Door Supervisors.
5.0 If the applicant has no previous convictions, he/she will be granted Temporary Registration with the Scheme pending satisfactory attendance at an information seminar. This decision may be reviewed in the event of subsequent conviction. Failure to attend the information seminar (without reasonable excuse) may mean that Temporary Registration is revoked.
6.0 In the event that an applicant has failed to declare on his/her application form unspent convictions, he/she will be interviewed by a Police Officer and asked to reconsider the information provided. The applicant will be expected to then make a full declaration of those unspent convictions, in writing, on the application form, bearing in mind that non Police members of the Committee are not entitled to have access to the Criminal Records Form appertaining to the applicant.
Selection
7.0 In the event that it is considered that an applicant has convictions which may cause concern to the Committee as to his/her suitability to be a member of the Scheme, the application will be discussed at a meeting of the full Committee.
8.0 At such a meeting the applicant will not be referred to by name, nor will his/her name be disclosed, but the convictions which may cause concern, and which have been declared on the application form, will be discussed in order that a decision can be made as to whether the applicant is to be invited before a Selection Panel to give an explanation of the circumstances of those convictions, or whether Temporary Registration with the Scheme will be granted without the need for the applicant to be invited before a Selection Panel.
9.0 Examples of convictions which may cause concern are: Drugs offences Public order offences Sexual / indecency offences Dishonesty offences Assaults Custodial offences (suspended or not)
This list is not exhaustive, and the Committee may view with concern other convictions dependent upon their seriousness and the individual circumstances.
10.0 If the Committee decide to invite an applicant to attend a Selection Panel, a letter will be sent to him/her giving at least 7 days notice of the time and place, and advising them that they may bring a friend/representative to speak on their behalf.
11.0 A Selection Panel will then be formed from voting members of the Committee. This Panel will consist of chairman or vice-chairman, a police representative, one Coleraine Borough Council representative and one trade representative. A trade representative will include a licensee or nominated senior management. The applicant's prospective employer may not sit on the Selection Panel.
12.0 The procedure to be followed by the Selection Panel is as follows: (i) Each Panel member will be provided with a copy of the completed application form. (ii) The details of the person's convictions declared on that application can be discussed prior to him/her being present. Points of clarification in respect of those convictions so declared can be addressed to the Police Officer. (iii) The applicant will be invited before the Panel together with his/her friend/representative and asked to explain the circumstances surrounding the convictions which may be the cause for concern.
13.0 The applicant's friend/representative will be invited to speak on his/her behalf, and questions of a general nature may also be put to the applicant and/or friend/representative to enable the Selection Panel to form a judgement on the applicant's suitability for the Scheme.
14.0 The criterion up on which the Panel will base their decision will be the suitability of the applicant for Registration with the Scheme, taking into account. (a) Previous criminal convictions (b) Recent behaviour (c) General experience The above list is not exhaustive.
15.0 Any pending Criminal Court case which may be cause for concern may be taken into account by the Panel in determining whether to accept or refuse the application, and this will be made clear to the applicant at the meeting. However, if it is decided to grant Temporary Registration to the applicant, he/she will be advised that the decision may be reviewed in the event of subsequent conviction.
16.0 The Panel will then consider the application, (in the absence of the applicant) taking into account what was said during the meeting with the applicant and his/her friend/representative, and will decide either to grant Temporary Registration or to refuse Registration.
17.0 The applicant and his/her friend/representative will then be invited to return before the Panel where the Chairman will announce the decision. Should that decision be to refuse Registration, the applicant will be told of the reasons upon which the decision was based.
18.0 A note will be kept of those Panel members attending, the date, time and venue of the Panel meeting, together with the decision arrived at. These will be filed with application. In the event of a refusal, the reasons will also be included in the notes.
19.0 If the Selection Panel decide to grant Temporary Registration, an appropriate letter granting such status with the Scheme will be sent to the applicant. This decision may be reviewed in the event of any subsequent conviction.
20.0 Where Registration is refused, in addition to the applicant being informed verbally of the Committee's decision, a letter will be sent confirming the decision to refuse Registration indicating the reasons for that decision. The letter will also inform the applicant that he/she may request a Review of the Selection Panel's decision, but that such a request must be submitted in writing within 21 days to the C.D.D.S.R.S. Committee clearly outlining the applicant's reasons.
Selection Appeal
21.0 On receipt of an application in writing for a review of the Selection Panel's decision, a Committee meeting will be drawn from those members who had not previously considered the application. The Police member of the Selection Panel will present an outline of the matter and then retire from the discussion.
22.0 The applicant will be invited before the Committee, together with his/her friend/representative, who may take representations on the applicant's behalf.
23.0 The Committee will then consider the application taking into account what was said during the meeting with the applicant and his/her friend/representative, and will then make a decision to grant Temporary Registration or refuse Registration.
24.0 The applicant and his/her friend/representative will then be invited to return before the Committee where the Chairman will announce the decision. Should the decision be to grant Temporary Registration, an appropriate letter granting such status with the Scheme will be sent to the applicant.
25.0 Should the Committee's decision be to refuse Registration, the applicant will be advised of the reasons for that decision, and a letter will subsequently be sent confirming the decision to refuse Registration with reasons.
26.0 A note will be made of the Committee members, the date, time and venue of the meeting, and the decision arrived at. This will be filed with the application. In the event of a refusal, the reasons will also be indicated in these notes.
27.0 The Committee decision is final.
Temporary Registration
28.0 Once Temporary Registration with the Scheme has been approved by the Committee, a letter confirming that status will be sent to the applicant, who must whilst carrying out their duties as Door Supervisor, have it in his/her possession to produce on demand to a Police Officer or Coleraine Borough Council Licensing Officer.
29.0 All persons having the benefit of Temporary Registration will be allocated a place on an information seminar. To achieve full status as a Registered Door Supervisor, all sessions must be attended by the applicant.
30.0 Should an applicant who has been granted Temporary Registration fail to attend one or more of the sessions within an allocated information seminar, full registration with the Scheme will not be issued until he/she attends those particular sessions on another information seminar. If for any reason an applicant who has been granted Temporary Registration fails to attend an allocated information seminar without first contacting the Secretary, a letter will be sent to the applicant offering an alternative seminar. That letter will remind the applicant of his/her obligation to attend, or to contact the Secretary if unable so to do.
31.0 In the event that the applicant fails to attend the alternative information seminar without contacting the Secretary, it will be assumed that they no longer wish to continue membership of the Scheme, and Temporary Registration will be revoked immediately. The applicant will be informed of that decision by letter, and arrangements will be made to recover the letter of Temporary Registration from the applicant.
Full Status
32.0 Once a member has qualified for full status with the Scheme, he/she will be issued with a full Registration Card, which should be carried whilst carrying out duties as a Door Supervisor, to produce on demand to a Police Officer or Coleraine Borough Council Licensing Officer. The Registration Card remains the property of the C.D.D.S.R.S. and should be renewed every three years.
Transfers from other Schemes
33.0 It is acknowledged that other similar Schemes are now operating throughout the U.K., and it may be that a member of another scheme may wish to join the C.D.D.S.R.S. In that event the normal application procedures, together with a non returnable fee of £20 and 4 passport size photographs will still be required, but the information seminar procedure may be waived, provided that the Committee take the view that the information seminar attended on the original Scheme is of a similar standard. Registration will be renewable after three years.
34.0 If the Committee takes the view that the information seminar in the original Scheme is not to their requirements, the applicant will be required to attend the C.D.D.S.R.S. information seminar before full status can be awarded.
Renewal
35.0 Registration must be renewed every three years. The cost of renewal will be £20. In order to keep an update of active Door Supervisors Coleraine Borough Council will require the holders of Public Entertainment Licences to supply the identities of their current Doorstaff on annual application for the licence.
Discipline Procedure
36.0 The Committee will receive reports either verbally or in writing of any incident or occurrence including those listed at Section 9 involving a Door Supervisor holding a temporary or full registration and which it is considered may give the Committee cause for concern.
37.0 Such incidents may occur when a Door Supervisor is on or off duty, and may include a breach of the Door Supervisor's Code of Conduct. A report may be received notwithstanding the fact that criminal proceedings are pending.
38.0 Having considered such a report, the Committee may: (i) Take no further action; (ii) Issue a reprimand – this will be recorded on the Door Supervisor's file for a period of twelve months, and may be brought to the attention of the Committee or the Disciplinary Panel in the event of a further report being received by them during this period. If the Door Supervisor does not accept the reprimand then, within 21 days of receiving the same, he may write to the Committee with his reasons. The Committee will consider the same and decide whether to take no further action, or confirm the reprimand. (iii) Suspend the Door Supervisor from the Scheme –the Committee reserves to itself an absolute discretion to suspend the Door Supervisor from the Scheme. As this will, in the first instance, be done without considering any representations from the Door Supervisor, it will be done only in serious cases. If suspension is imposed the Committee will remit the matter to the Disciplinary Panel and will inform the Door Supervisor in writing of the suspension, the reason for it, and the date of the next meeting of representations to the Disciplinary Panel. The Door Supervisor may make written representations to the Disciplinary Panel for them to consider at their next meeting. Serious cases justifying such suspension may include (by way of example only) being found guilty of a criminal offence, being charged with a criminal offence, being dismissed from employment as a Door Supervisor, refusing to comply with a reasonable request of the Committee, or breaching or allegedly breaching a verbal or written reprimand. (iv) Remit the matter to the Disciplinary Panel.
39.0 The Disciplinary Panel may consider matters remitted to it by the Committee, or matters reported directly to it either verbally or in writing. The Disciplinary Panel will consist of a Police Officer, one Coleraine Borough Council representative and one Trade Member of the Committee (not applicant's employer). The Trade Member will chair the Disciplinary Panel.
40.0 The Disciplinary Panel may consider incidents or occurrences involving a Door Supervisor whether on or off duty, and may consider matters where criminal proceedings are pending.
41.0 The Disciplinary Panel may: (i) Take no further action. (ii) Issue a reprimand – this will be recorded on the Door Supervisor's file for a period of twelve months, and may be brought to the attention of the Disciplinary Panel or the Committee in the event of a further report being received by them during this period. If the Door Supervisor does not accept the reprimand then, within 21 days of receiving the same, he may write to the Disciplinary Panel with his reasons. The Disciplinary Panel will consider the same and decide whether or take no further action, or confirm the reprimand. (iii) Suspend the Door Supervisor from the Scheme –this may be done in the absence of the Door Supervisor, or after considering any written representations the Door Supervisor has made to the Disciplinary Panel in connection with the matter. If done in the absence of the Door Supervisor he or she will be written to by the Committee informing him or her of the suspension, the reason for it, and inviting him or her to make such written representations within 21 days to the Disciplinary Panel as the Door Supervisor sees fit. The Disciplinary Panel will consider such written representations and may either confirm the suspension, or impose another sanction, or take no further action. Suspension will be issued in cases the Disciplinary Panel regard as serious. The period of suspension may be for an indefinite or predetermined period. The suspension will be recorded and remain on file until such time as the matter is referred back to the full committee for further consideration and may be brought to the attention of the Committee or the Disciplinary Panel in the event of any further disciplinary action. The Door Supervisor will be informed as quickly as possible of a decision to suspend, and the decision will be confirmed in writing, giving the reason for the suspension. The Door Supervisor will be advised in writing of his right to appeal. (iv) Revocation or withdrawal of temporary or full registration –the Disciplinary Panel may revoke or withdraw a temporary or full registration for matters of serious concern. Such withdrawal or revocation may be for a minimum period determined by the Committee, or may be a permanent withdrawal or revocation. Such a sanction will only be imposed after the Door Supervisor has been given an opportunity to make written representations to the Disciplinary Panel. The Door Supervisor will be advised in writing of such a withdrawal or revocation, the reason for it, and of his right to appeal. Upon the expiration of a fixed term withdrawal or revocation, the Door Supervisor may re-apply for registration on the Scheme. Even if such re-application is granted, the withdrawal or revocation will remain upon file indefinitely.
Disciplinary Appeals
42.0 (i) A Door Supervisor may appeal any sanction imposed under Clause 38(iii), 41(iii) or 41(iv). (ii) Any appeal must be notified to the Committee in writing within 21 days of the date of the letter informing the Door Supervisor of the imposition of any sanction in pursuance of Clause 38(iii), 41(iii) or 41(iv). (iii) The appeal will be considered by a Committee meeting drawn from those members who had not previously considered the application. The Police member of the Selection Panel will present an outline of the matter and then retire from the discussion. (iv) The Committee may regulate its own procedures, but will usually consider only a written representation of the initial decision, and any written representations made by or on behalf of the Door Supervisor. Exceptionally, and entirely at its own discretion, the Committee may allow personal representations to be made. (v) The Committee's decision will be final and will be communicated in writing to the Door Supervisor.
Written Notification
43.0 For the avoidance of doubt, where any letter has to be sent to a Door Supervisor, he or she is to be deemed to have received it if it was posted to the last known address held within his or her file.
Code of Conduct
44.0 All applicants granted temporary or full registration with the scheme must agree to abide to a Code of Conduct and sign a declaration to that effect.
Fees and Charges
45.0 All fees and charges established within the document apply from 1 January 1999 and are subject to review at the Annual General meeting of the Coleraine & District Door Supervisor's Registration Scheme Committee.
Sponsorship
46.0 The Committee reserve the right to seek sponsorship for the administration of the scheme to reduce costs.
47.0 INDEMNITY INSURANCE
47.1 The Committee shall seek indemnity insurance to protect the scheme members generally and in particular members of the disciplinary panel.
47.2 Notwithstanding registration of any person under this scheme nothing herein shall be construed by any Licensees or persons so registered as conferring responsibility on the committee for the actions or activity of any such person or Licensee.
26 January 2004
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