Some concerns have been raised regarding the operational use of DISC as a platform to administer a Pubwatch scheme. This is a commercial product which is not associated or affiliated with National Pubwatch. NPW recognises that it is being used by a number of areas to administer their schemes. We have been in contact with DISC to discuss its use in this regard.
DISC has two platforms, the Standard platform, and a Segregated Content platform. It is recommended by NPW and DISC, that if the Standard platform is being used, this should be solely for the Pubwatch scheme and not have any other function. If the system is being used for other functions, such as day-time economy, a Segregated Content Platform should be used to ensure there is no crossover between the retail and NTE sectors. Someone who is banned under a Shopwatch scheme should not be banned under a Pubwatch scheme (and vice versa), unless there is good reason to do so eg selling shoplifted goods in a pub and has been banned following the Pubwatch banning processes. This affords a degree of protection from any challenge under GDPR/Data Protection.
It is also important to note that DISC platform users sometimes refer ‘Pubwatch’ banning decisions to a “board” which may consist of people who are not licensee members. This process should be avoided for Pubwatch schemes. A Pubwatch ban should be initiated by a Pubwatch member and then any ban should ONLY be determined by the members, either voting at a meeting or other means or process agreed by the membership. It should never be deferred to anyone who is not a Pubwatch member.
There have been legal challenges to Pubwatch bans on ECHR grounds in the past, which have been well reported upon by NPW. The rights of Pubwatch members to meet and discuss incidents, share intelligence and collectively ban individuals have been upheld by the High Court. It’s important to recognise that a Pubwatch ban from licensed venues is a Common Law right which applies to licensees only and as such schemes should continue to be “run by the trade for the trade” with no 3rd party, especially a Public Body (police/council), influencing the decision making processes.
If you have any queries regarding the use of DISC or require any training /refresher training then Pete Isdale at DISC is more than happy to oblige, please email him at pete.isdale@littoralis.com
Please note that this article is not a criticism of DISC (or any other commercially available messaging system). Such systems continue to provide a convenient and secure means for Pubwatch schemes to control data.
