Pubwatch in High Court

Lawyers claim ban infringes human rights

A pubwatch group is being taken to the High Court by an individual who claims a banning order has breached his human rights.

He is attempting to overturn the ban imposed by Buckingham Pubwatch after a staff member was allegedly assaulted in a pub.

The case could have repercussions for pubwatches if the legal action succeeds. The Buckingham licensees say they could be forced to overturn the ban rather

than risk heavy legal costs

if they are defeated.

The person was banned from pubwatch member venues indefinitely following an incident in the town's Kings Head last year when a staff member was allegedly assaulted.

But the group was astonished to receive legal representations on his behalf

from a firm of top London lawyers.

Pubwatch member Darren Voak said they were confident he did not have a case.

"But we are looking at costs of at least £45,000 if we lose — and the only way we could find that is through trade backing," he said.

Voak said the assault took place after a scuffle and argument between customers, but the pubwatch had decided not to press complaints with police.

"But our rules state that any assault on pub staff is reported to the committee with a view to a banning order being imposed, and we decided on an indefinite ban. Losing this case may well affect any other pubwatch group that tries to enforce a similar ban."

MA legal editor Peter Coulson said he believed pubwatches had a common-law right to ban from their premises. "I do not believe there is an infringement of human rights here," he said.