How to issue a 'Banning Notice' on shoplifters

As a retail premises you have the right to ban anyone from your premises. The most effective, and legal, way to do this, is to hand them a banning notice.

We have produced a generic ‘banning notice’ that can be used by any store. You can download it HERE

The legal background to a ‘banning notice’ is that retailers invite, by means of an open door, signage, etc, members of the public to enter their premises and either view or buy the merchandise on display. A retailer can withdraw this invitation at any time to individuals.

If a person steals that is theft, if a person steals as a trespasser that is burglary but, the law states that in order for an offender to be convicted of burglary he must know at the time of entering that he was in fact a trespasser. By issuing a ‘banning notice’ to a shoplifter, you are legally informing them that if they enter your premises again they are trespassing and if they shoplift again, they will be charged with the more serious offence of burglary.

A banning notice can be issued by post or by handing it to them in the store and will contain details such as reason for the ban, details on the ban including duration and consequences of breaking that ban. Banning notices are not enforced by the police.

If you do ban someone, please feel free to text or Whatapp message the details and photo to the Kings Heath BID on 07703 467 712. We will add the details to our weekly ‘Banning scheme’ folder, that is distributed to shops in the BID area. Also, the local police will run any details through their computer system to see if the banned person is on bail or license.