Published: 09 April 2015
Q: An incident involving a member of my staff took place at my premises. Our CCTV seems to verify my employee’s account that she acted in self-defence. The matter is currently being investigated by the Police, but the Police Licensing Officer has demanded that she is banned from my premises and from a further 5 venues I have. Can they do this?
A: This does seem quite a heavy handed approach by the Police, especially since enquiries are continuing and your member of staff has not been charged with any offences. The old adage of ‘innocent until proven guilty’ does spring to mind. The Police may have additional information which causes them concern about your member of staff, however, you will require further details before you can justify banning her from one or all of your premises. Obviously, the Police authority could make things difficult, but I would expect them to be reasonable and proportionate in their actions. It may be worth discussing this with the officer in more detail. Furthermore, you may also wish to mention how your actions would affect your staff employment rights, and that she could have a claim against you. In any event, if the Police persist in their request, then you should seek immediate legal advice.
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