Pub group overturns licensing condition requiring 'privacy shields' on PIN machines

A pub group has successfully appealed against the imposition of a premises licence condition requiring 'privacy shields' to be fitted to PIN machines.

Mitchells and Butlers took the case – involving the Goat Public House, Clapham – to South Western Magistrates' Court in August.

The condition had been imposed by a licensing sub-committee after the Metropolitan Police applied for a review of the premises licence.

The police were concerned about 'shoulder surfing’ in the locality. This involves thieves reading customers pin numbers over their shoulder as they buy drinks, before stealing the card and using it to illegally buy goods.

District Judge Grant removed the conditions, commenting on the very small number of potential thefts arising out of shoulder surfing even if this was accepted against over 23,000 PIN machine transactions during 2010.

He noted as well the positive actions taken by Mitchells and Butler when the police concerns came to their attention.

The district judge was also concerned that the fixing of shields to the PIN machines obligated by the conditions had not been formally approved by the manufacturers of the terminals.

He therefore concluded that the conditions were unnecessary and disproportionate.

Phil Crier, partner and head of the Licensing team at law firm Blake Lapthorn, who represented Mitchells and Butlers in relation to the appeal, said: "This was a common sense judgment, which reinforces the fact that conditions on licences should only be imposed where they are justified both on grounds of necessity and proportionality and have relevance to the licensing objectives."