Can a person be banned/barred from a restaurant without police intervention?

Question

You know how a pub can "bar" you? Well is it possible for a worker in a restaurant to tell a customer this without requiring legal backup? I know an ASBO would work but the owners of the restaurant don't want to go down any route which would involve the police.

Is there actually anything in the law books which supports what pubs do? Any link to relevant UK laws would be great.

Background info is basically that an ex-girlfriend of one of the staff is threatening to kill the ex (but doesn't have a knife on her) and also enters areas where no customers are allowed. There are plenty of witnesses but the managers are worried about police due to other issues, mainly involving the nationality of eh ex and some people in the business. Also there are no security recordings, although this may be my next suggestion.

Thanks :)

Answer 1

If the owner or manager of a business, or householder tells anyone they are barred from the property, then should they go onto the property they will be trespassing.

Trespassing is not a criminal act, but a civil wrong.
Therefore, unless the person is seen as presenting a threat, making their presence a criminal act, the police have no place in enforcing the ban.

If a person Trespasses onto the property, reasonable force can be used to evict them, if the trespasser carries a weapon, 'reasonable force' can take account of that fact.

Trespassers can be sued in a civil court, there need not be a financial loss to sue them.

If a person has made a threat to kill, that in itself is threatening behaviour, if it was intended to be a threat. That is a ciminal act.

If any person causes a disturbance within a restaurant, it would seem reasonable to others present, for that person to be evicted.

The phase 'I will kill you' is often an expression of great anger.

This is English law as I understand it.

Answer 2

It's possible for the management to bar anyone who causes them problems, but it is the enforcement of that ban that will be difficult. You can't just pick this girl up and physically throw her out if she comes to the restaurant as she could then report you to the police.

The only way to solve the problem as I see it would be to improve the security so that she can't get into/access staff-only areas and, if it's a real problem, the management would have to consider employing door staff to prevent her from entering the premises at all. Both of these measures could potentially be costly but I can't see any other way around it without involving police.

The fact that she has made a threat on one occasion wouldn't be enough to qualify her for an ASBO as the police have to gather sufficient evidence to apply for one. Before it reaches that stage, there is something called as Acceptable Behaviour Contract (ABC) which the girl in question would be asked to sign and adhere to but, as with the ASBO, making one threat wouldn't qualify her for this.

I know you're not keen and I understand the reasons why, but the best way to ensure that this girl leaves her ex alone and stops coming to the restaurant would be to report her threat to the police.

Hope this helps!

Answer 3

Most businesses can refuse service to anyone. Banning someone from entering the restaurant/pub is also possible. Staff member would need a restraining order of some sort, and that requires police involvement on his part. Enforcing such an order is the problem.

Answer 4

The owner of any kind of establishment has the right to refuse to serve anybody. They are not obilged to take your money, and if they don't want a certain person on the premises they have the full right to withhold access. In this day and age there are of course exceptions to this rule - you can't refuse to serve someone because they are black for example, nor can you refuse to serve a disabled person, as this is racism and discrimination respectively. They could try to take you to court, but if you have a valid reason for banning a person from your premises then the law is definately on your side. Not sure which law though!

Answer 5

The landlord as a licensee has alot of powers. No one can force him to admit someone he doesn't want to. I am almost 100% sure that he does not have to give a reason to decline someone as have been told so myself!

A threat would justify the fact that in his his combined job as 'alchohol seller, health and safety officer of the building, environmental health officer for the building, accountant for the business, fire marshal & bouncer' that he's qualified to put everyone's safety first and not amdit someone who harbours any ill will into the pub/ restaurant. If ever broaght to task on the subject 'we suspected her of selling drugs but couldn't prove it' would probably be sufficient reason if any authority did push it - which is doubtful!'

Answer 6

generally, as per most establishments that the public enter, the manager has the right to refuse entry(i believ this is especially true of public houses although i could be wrong). the person needs to be formally told about said barr, either face to face(preferably with witnesses/on camera) or by post. have done this as a retail manager, sent a seriously abusive customer a barr, kept a copy, faxed a copy to head office and when they re-appeared called the police. need to be sure of your facts though.

Answer 7

Yes. Any person can be barred from a restaurant or pub or even a supermarket. They all have R.O.A.R. Right Of Admission Reserved. If they don't want you in there, you stay out, and they can call the police to remove you if you do not comply with their wishes.

Answer 8

Often you wiill see the sign:
The management reserves the right to refuse service to anyone at any time.

It sounds like an issue that would best be resolved OUTSIDE the workplace

Answer 9

Telling them that they can't come in is one thing. But if they do come in they are trespassing, and you would have to call the cops to enforce it. That is the sticking point. If the owners try to phsycally remove her then she can sue for assault.

But from what you are saying there is little chance that she would call the copes either. I say they throw her azz in the street like a bum, what is she going to do about it?

Answer 10

Yes, despite the common phrase of it being a "public place", it's not. It's privately owned. Any owner has the right to kick anyone off their private property.