If one of our customers demonstrates anti-social behaviour such as abuse of people or property is there anything we can do to send out a signal to the public that we will not tolerate this form of behaviour? Additionally, if the police do not take out criminal proceedings or we feel there is an unsatisfactory outcome from these criminal proceedings can we take any civil action?
As the licensee you have complete discretion over who you allow to enter your pub. If one of your customers does show anti-social behaviour, one of the strongest signs you can give to your other customers is immediately ejecting that person and not allowing him to come back into the pub.
If the police do commence criminal proceedings against the perpetrator who is then convicted of an offence, you can ask the court to grant an exclusion order which will prohibit that person from entering your premises for a period of between three months and two years. However, you must ensure that the police are aware of your request for an exclusion order to be made prior to conviction actually taking place.
If the police do not prosecute for criminal damage, a compensation order will not be made by the court. You can therefore take out a private criminal prosecution, although this can be costly and you will require the necessary evidence. If your private prosecution is successful you can claim compensation up to a maximum of £5,000 per offence. Again you would be able to request an exclusion order be attached.