Pub owner Maurice told someone he had barred to clear out of the pub or he'd physically throw him out. What is Morry's legal status- It is his pub.
2006-10-02 06:30:11 · 27 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Maurice has the right to refuse service to anyone he likes. He also has the power to use reasonable force to remove someone who refuses to leave. Be careful though, reasonable force does not usually include breaking legs or dislocating shoulders.
2006-10-02 06:33:38 · answer #1 · answered by moonbeam 2 · 0⤊ 1⤋
If this person felt physically threatened by Morry's statement, then it was technically an assault.
The circumstances will matter, though. For instance, if this guy was barred from the pub, what was he doing coming back?
Morry should have called the police to remove the person, but it's possible that a jury may find his actual choice reasonable, too.
2006-10-02 06:39:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
This is a matter for the law of trespass.
Morry has the legal right to refuse entry and tell a customer to leave the premesis.
He must allow a reasonable time for that person to leave.
If the person will not leave he has the right to use reasonable force to remove that person.
Even though a pub is a public place, it is still private property and customers are simply guests that can be asked to leave at any time.
Hope this helps
2006-10-03 00:03:29 · answer #3 · answered by LYN W 5 · 0⤊ 0⤋
Maurice has the right to refuse service to anyone he likes (or rather dislikes). The law allows an occupier to use reasonable force in the protection of himself, his property and others. 'Reasonable' in law is deemed as proportionate so if the gentleman is brandishing a knife and threatening to kill him or other members of the public in the bar then Maurice would justifiably be able to use lethal force, if the gent was leaving with tail in between legs after being told and Maurice decided to give him a slap for good measure then that is not reasonable. There are tests the courts use for reasonableness but I'm not going to go into that .
Basically he is fine.
2006-10-02 09:38:36 · answer #4 · answered by ligiersaredevilspawn 5 · 0⤊ 0⤋
Are you studying law and we are doing your homework for you?
If Maurice had previously barred the person then I would have to ask if he put it in writing?
Maurice can use 'reasonable force' to remove the offender - but it is unlikely that contact would be considered 'reasonable' unless it was just a case of taking his hand and walking him off the premises.
Maurice's legal status is no different to anyone else in their own home. He would be able to protect himself, his property and his family - but if the barred person refused to go then he would have to call the police to have him removed.
I haven't gone back through my case-book - but I guess that there are actually more questions to ask before you would have a really good answer!
2006-10-02 06:53:55 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes it does constitute 'common assault'. But no court would ever uphold it.
If Morry had touched him it would have been Actual Bodily Harm, if he broke the guy's skin (caused bleeding) it's Grievous Bodily Harm.
Ownership of the property is pretty much irrelevant, as demonstrated by the people that slap burglars - only to end up on assault charges themselves.
Technically Morry should have called the police, but they probably wouldn't have turned up anyway. I always go with look scary, throw scary words around and have a lot of witnesses on my side. Alternatively hire a security guard - Their actions are their own problem!
2006-10-02 06:50:23 · answer #6 · answered by salvationcity 4 · 0⤊ 0⤋
There is such a thing as a verbal assault, but it is difficult to get a prosecution with this type unless it isa case of bullying and harrasment. You can tell someone that they are barred, and any landlord or pub owner is well within thier rights to do so, you may if nessasary for the protection of individuals within the pub or yourself, escort a person of the property, it is not assault but considered to be self defence as you can do what is necessary to protect yourself from a percived threat or actual threat, as long as it is considered to be with a reasonable amount of force, i,e removing someone from a property.
2006-10-02 06:46:06 · answer #7 · answered by Emma O 3 · 0⤊ 0⤋
i used to work in a pub...
You have to first inform the person he has to leave (and give the reason) or tell him he's barred (give the reason) and if he does not comply can he physically throw someone out.
It's not the same as throwing someone out of the house.
A pub is a public place and cannot discriminate anyone. However, the decision is at the Governer's discretion as long he has a good reason.
2006-10-02 06:39:34 · answer #8 · answered by shehan 1 · 0⤊ 1⤋
If he man-handles the person from the pub he could be sued under the lunatic laws of the UK. He can ask him to leave but if the guy refuses he must call the police to eject the barred individual. If the guy starts getting physical he can forcibly eject him using "reasonable" force.
2006-10-02 06:39:37 · answer #9 · answered by Phlodgeybodge 5 · 0⤊ 1⤋
For the landlord to eject a person physically is assault. the only way to eject a person from a pub legally is for the police to do it.
2006-10-02 08:29:20 · answer #10 · answered by Anonymous · 0⤊ 0⤋