When are you legally allowed to ask customers to leave?

Why?

Well, in his opinion, they were singing too loudly.

To give this a little more context, it wasn’t simply that the landlord didn’t ‘like’ the volume level. He stated in an interview with the media that the group of around 30 people was so loud that people were leaving and not finishing their food.

The landlord also commented that after the group had sung a national anthem, which he described as beautiful, they were asked to stop but they didn’t.

A tricky issue​

Refusing service, denying entry and asking people to leave are always tricky issues for licensees.

Many publicans with some knowledge of the old law under the 1964 Licensing Act will be familiar with the fact that it was against the law for the holder of a justices’ licence to permit drunkenness or any violent, quarrelsome or riotous conduct. And the Licensing Act 2003 retained similar provisions in relation to "disorderly conduct" and drunkenness.

Here is a brief overview of the some of the main legal and operational points to bear in mind when considering service, entry and asking people to leave a licensed premises.

1. The starting point for any discussion on the right of entry is that a “public house” is not a “public place” and a member of the public cannot insist on being there.
2. There is a common law right to ask someone to leave and / or refuse entry to whom he/her chooses, provided the refusal is not on grounds of sex, race, disability, gender, sexual orientation, religion or belief. Being refused or being asked to leave is a simple extension of the right of refusal to serve.
3. A door supervisor is acting on behalf of, or under instructions from the licence holder and therefore can exercise these rights on the licence holder’s behalf.
4. When considering whom to allow into your premises and who to serve, always bear in mind the promotion of the licensing objectives, especially preventing crime and disorder and protecting children from harm.
5. Check your Premises Licence for conditions restricting access to certain categories of customers. E.g. Children.
6. Children entering licensed premises can be a particular cause for concern for owners of licenced premises. Remember that if your premises are used mainly for the sale and consumption of alcohol, children under the age of 16 are not permitted to enter those premises unless accompanied by an adult.
7. Bear in mind that in premises not used mainly for the sales and consumption of alcohol (like a restaurant, gastro pub or similar) unaccompanied children under the age of 16 are not permitted to be present between the hours of midnight and 5am if alcohol is being sold. And of course, it is a criminal offence to sell alcohol to a person aged under the age of 18.
8. Remember, a drunken person must always be refused entry and service.
9. Make you sure have a policy to deal with issues regarding the admission and service of customers and that all staff have received training on the policy and their rights and responsibilities in relation to refusals.

• Carl Weston​​ is head of marketing and partner (non-solicitor) at Poppleston Allen​​​