Dear Mr. Dowling,
Freedom of Information Request Reference No: 2009070002141
I write in connection with your request for information which was received by the Metropolitan Police Service (MPS) on 19/06/2009. I note you seek access to the following information:
The specific date when the owners of Club SeOne were informed that they must install an ID scanning system to continue their possession of their premises license;
The specific date that system must have been installed by;
The specific date that Club SeOne confirmed that the ID scanning system was installed and confirmed as operational;
The advice given to those premises by The Metropolitan Police Service regarding compliance with Data Protection legislation
Following receipt of your request searches were conducted within the MPS to locate information relevant to your request.
EXTENT OF SEARCHES TO LOCATE INFORMATION
To locate the information relevant to your request searches were conducted at Southwark Borough and with the Directorate of Information.
RESULT OF SEARCHES
The searches failed to locate any information relevant to your request, therefore, the information you have requested is not held by the MPS.
As you are aware the SeOne club requires a Premises License under the Licensing Act 2003. The Licensing Act takes away the authority to issue licenses from the local Magistrates Court and gives to the Local Authority via the Licensing Sub-Committee. Therefore the Premises License is issued by the local authority as the Police have no authority to issue a license.
Just like any concerned member of the public, local resident or business Police have an input into the license application process and can make representations (objections) based on the four main licensing objectives:
Protection of Children from Harm
Public Safety
Prevention of Nuisance
Prevention of Crime & Disorder
The act divides areas of responsibility and creates Responsible Authorities. Police being designated a Responsible Authority are restricted to Crime & Disorder, although we can bring other areas once we have addressed our core issues. Other Responsible Authorities, Trading Standards, Noise Teams, Children Welfare Teams all have a right to comment on their areas of expertise.
The Licensing Process - An applicant submits an application to the Licensing Authority and copies to the Responsible Authorities, Police, Trading Standards, Child Welfare, Noise etc. The application has to be advertised on the premises for 28 days and in local press. This gives the opportunity for local residents to object. If no representations are made the license is granted. If representations are made, then conciliation occurs and ultimately appearance before the Licensing Sub-Committee (a panel of at least 3 local councilors) who will determine the application.
On occasions the MPS requests that the Licensing Committee (police cannot impose they can only request) place controlling measure(s) on the premises License by way of conditions. These conditions must be adhered to by the premises but are placed on the premises License to ensure that the premises is operated with due regard to the legislation and giving consideration to the four main licensing objectives.
The "Club Scan" or "ID Scan" are good systems and are used at clubs across the borough. The system provides the facility for customers to scan in verifiable ID, usually a Driving License or Passport prior to gaining entry. The theory is that as their details have been scanned it will prevent them from committing criminal activity once inside the premises. It also provides a witness list should an offence occur inside.
Regarding your questions 1 to 3, the MPS does not have direct contact with individual premises regarding their premises license as explained above. Therefore we do not hold any information in respect of the questions.
Regarding question 4, the MPS does not provide legal advice regarding Data Protection Legislation to third parties, consequently there is no information held pertinent to this question.
COMPLAINT RIGHTS
Your attention is drawn to the attached sheet which details your right of complaint.
Should you have any further enquiries concerning this matter, please write or contact Mark Smith on telephone number 0207 232 6700 quoting the reference number above.
Yours sincerely
Mark Smith
Information Manager
COMPLAINT RIGHTS
Are you unhappy with how your request has been handled or do you think the decision is incorrect?
You have the right to require the Metropolitan Police Service (MPS) to review their decision.
Prior to lodging a formal complaint you are welcome and encouraged to discuss the decision with the case officer that dealt with your request.
Ask to have the decision looked at again -
The quickest and easiest way to have the decision looked at again is to telephone the case officer that is nominated at the end of your decision letter.
That person will be able to discuss the decision, explain any issues and assist with any problems.
Complaint
If you are dissatisfied with the handling procedures or the decision of the MPS made under the Freedom of Information Act 2000 (the Act) regarding access to information you can lodge a complaint with the MPS to have the decision reviewed.
Complaints should be made in writing and addressed to:
FOI Complaints
Public Access Office
PO Box 57192
London
SW6 1TR
In all possible circumstances the MPS will aim to respond to your complaint within 40 working days.
The Information Commissioner
After lodging a complaint with the MPS if you are still dissatisfied with the decision you may make application to the Information Commissioner for a decision on whether the request for information has been dealt with in accordance with the requirements of the Act.
For information on how to make application to the Information Commissioner please visit their website at www.informationcommissioner.gov.uk. Alternatively, phone or write to:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700