CCTV: Is there a 'pressing need' for cameras at your pub?

We have previously highlighted concerns regarding standardised CCTV conditions imposed on premises licences. In recent years, we have seen an increasing tendency for police or councils to insist upon the installation and use of CCTV systems as a condition of obtaining a licence, without full regard to the individual circumstances of the venue or the pub operator.

Some operators will also be familiar with objections from the police to a perfectly functioning existing CCTV system on the grounds that it does not meet their latest technical requirements.

In addition to civil liberties issues, operators are faced with the mounting costs of installing and maintaining such systems. Moreover, they face the prospect of breaching their licences if they fail to comply with the often complicated wording of CCTV conditions.

The new code​ (PDF) highlights how public authorities and the police will have to prove that a system’s technical capabilities are “proportionate” to their use, as well as providing guiding principles for system operators and advice on the use or processing of images recorded on public surveillance. The code is designed to strike a balance between privacy and security.

It has been laid before Parliament for approval and apparently the Government is committed to bringing the code into practice sometime during this summer.

Legitimate aim​

“Surveillance by consent” is the governing principle of the code, as explained in section one:

“The purpose of the code will be to ensure that individuals and wider communities have confidence that surveillance cameras are deployed to protect and support them, rather than spy on them. The Government considers that wherever overt surveillance in public places is in pursuit of a legitimate aim and meets a pressing need, any such surveillance should be characterised as surveillance by consent.”

The code then addresses the issue of CCTV in licensed premises. The relevant section, to be found on page seven, is potentially vital to an operator seeking to challenge the imposition of a blanket CCTV condition, so I make no apology for quoting it in full:

“When a relevant authority has licensing functions and considers the use of surveillance camera systems as part of the conditions attached to a licence or certificate, it must in particular have regard to guiding principle one in this code. ​
“Any proposed imposition of a blanket requirement to attach surveillance camera conditions as part of the conditions attached to a licence or certificate is likely to give rise to concerns about the proportionality of such an approach and will require an appropriately strong justification and must be kept under regular review. ​
“Applications in relation to licensed premises must take into account the circumstances surrounding that application and whether a requirement to have a surveillance camera system is appropriate in that particular case.​
“For example, it is unlikely that a trouble-free community pub would present a pressing need such that a surveillance camera condition would be justified.”​

Pressing need​

The code explains that a breach by a public body will not lead to criminal or civil proceedings against them. However, the code is admissible in court, meaning that a court may take into account any failure by the relevant authority to have proper regard to the code.

Potentially, this could mean that video surveillance used as evidence could be discredited if it was obtained in a manner deemed to have breached the code.

Only time will tell whether or not licensing authorities decide to adopt the code within their own statements of licensing policy. However, where a licence or certificate is granted subject to a CCTV condition, a licensee (or their agent) who is the system operator is encouraged to adopt the code on a voluntary basis.

So, if you are applying for a new licence or a variation to your existing licence and the responsible authorities are insistent on the installation and use of CCTV, give careful consideration to the proportionality of the request and whether or not it is indeed appropriate to your circumstances and the nature of your business.

Consider whether there is a “pressing need” for CCTV. Are the cameras really going to be used to “protect and support”, or are they just another costly item on the responsible authorities’ wish list of conditions for your premises, to be politely but firmly resisted?