CCTV conditions must be justified

More worryingly, when the police recommend these sometime complex conditions, council licensing authorities, legal advisers and operators often accept these conditions without necessarily asking the police to justify their request. 

The trade and authorities must be aware that the addition of any conditions to a premises licence must be appropriate and proportionate to promote the licensing objectives. If a premises has no history of crime and disorder, it could be argued this blanket approach to imposing standard CCTV conditions on all licences in an authority area is purely to snoop on, rather than prevent crime and disorder or protect, the public.

Often, as part of the condition, the police stipulate a requirement that all footage must be made available to them immediately on request. The Data Protection Act 1988, the Information Commissioner’s Office CCTV and the Home Office surveillance camera codes of practice make it clear that any request for CCTV footage must be proportionate and have a legitimate aim.

Disclosure is only permitted for the prevention and detection of crime, prosecution, apprehension of offenders or if it is required by law, eg, checking that the system is being used in accordance with conditions on a premises licence. The police must, therefore, justify their request for CCTV footage. Disclosure should not be automatically provided to the police for them to undertake any type of intrusive or speculative search.

However, there is value in installing CCTV, even though operators may not be necessarily required to install it under the provisions of their premises licence.

Here are a few guidelines to what should be considered if you have or are considering installing CCTV:

• Installation should be by an approved engineer. Some police authorities will assist with the location of cameras for free, but some will recommend unnecessary amounts, which will have obvious financial implications
• It may be worth signing up to an annual maintenance contract
• Public areas should be covered, including entrances, exits and, if appropriate, outside areas
• Images should be clear, and allow for proper identification of your customers in any light condition
• The majority of police forces ask that images to be securely retained for a minimum of 28 days
• Ensure there is constant and accurate date and time printed on the CCTV footage, and also a facility to ensure that British Summer Time (BST) is taken into account
• There should be security to ensure the system is tamper proof. It may be worth investing in a fail-safe system for early warnings faults
• Understand the relevant parts of the Data Protection Act 1988, the Information Commissioner’s Office CCTV and the Home Office’s surveillance camera codes of practice
• Teach members of staff to:
• (1) Operate the CCTV
• (2) Provide viewing immediately on request, but in accordance with the Data Protection Act 1988 (DPA)
• (3) Provide copies of footage, again in accordance with the DPA
• Ensure staff CCTV training is regular, fully recorded and retained
• Either a company or an individual should be registered as a CCTV data controller with the Information Commissioner’s Office
• Let customers know they are in an area where CCTV surveillance is being carried out
• The installation of a CCTV system should not be purely to comply with conditions on a premises licence.
• The use of a security system protects the business, detects crime and disorder, and protects staff  and the public. A CCTV system can also help to deter those intent on causing a nuisance or committing crime and disorder.