Please note for people who are employed in this profession, I respect you (well, most of you) and am grateful for the job you do - this question is not to test or annoy you! I've never been in trouble with a bouncer and have been grateful to see them take swift action many times.
The thought just randomly entered my head today that I am wondering can a bouncer legitimately use force to eject somebody from premises or to 'end a situation' by use of force, in other words basically giving somebody a thump.
With most things you are given warnings, such as in a cinema there are warnings posted that state use of recording equipment is prohibited and offenders will be ejected or/and police called. I've never seen a notice in pubs/clubs saying that trouble may be dealt with by force.
It's obvious to most people, but I wonder if someone from a country without pubs/clubs went into one and was set upon by bouncers (rightly or wrongly) could they potentially sue for assault?
2007-08-12 10:45:35 · 16 answers · asked by crazeetaxi 2 in Politics & Government ➔ Law & Ethics
Yes he could. Any property owner or his appointed agent can use reasonable force to physically escort you out if he first asks you to leave and you refuse. However, even if you're uncooperative he can be liable for damages and criminal charges if he injures you in the process, since you are not allowed to hurt people just because they're trespassing (if he's defending himself or another patron/employee from attack, though, that's a different matter). Professionally trained and licensed bouncers or guards are supposed to use diplomacy first to diffuse a situation and convince an unruly patron to either behave or leave of his own accord. Should that fail, a rather effective but still non-violent tactic is for the bouncer to simply call another group of bouncers over to block you from being able to move to any other part of the nightclub except towards the exit, and then call the police to let them handle you if you still don't get the picture. They could also choose to take you by the elbow and gently but firmly pull you towards the door, but anything more than that is risky from a liability point of view. Most legitimately-run businesses will immediately fire a bouncer or a security guard if there's any hint of him having used excessive force in order to avoid themselves being targeted by any lawsuits.
Mind you, not all bouncers are properly trained because many places still don't require any kind of licensing for them. And in the better cities, the police keep an eye on nightclubs and can effectively shut them down them by revoking their liquor license if there are too many violent incidents reported, and that also helps keep their bouncers in line. But in other areas the cops may not have that authority. You'll still find many establishments in rural and seedy areas where bouncers are hired only because they look like hulking gargoyles and may have few qualms about roughing up customers. And especially if you've been drinking, there's a good chance that the cops are more likely to believe them than you if you call them.
2007-08-12 13:15:47 · answer #1 · answered by Anonymous · 2⤊ 0⤋
All 'Bouncers' (Door Supervisors) in the UK are required to be licenced by the Security Industy Authority, and the licence is only granted to operatives who undertake a stringent training course and pass an examination at the end of the course.
A good Security Officer will never thump anyone - we are trained in 'Control and Restraint' techniques.
The role of the Security Officer is to search people, as far as the law allows, for weapons, illegal substances etc, to refuse entry to premises to those who are obviously drunk or intoxicated, to defuse conflict before it escalates, and to call in the Emergency Services (Police) if a conflict situation cannot be dealt with quickly and legally by the Security staff themselves.
Any person can use reasonable force to restrain someone involved in a fight, and it is a duty in England, enforceable at law, that any able-bodied person can be called by a Police Constable to assist him in quelling a disturbance - even a passer-by.
The negative aspect is that Security staff, as a whole, are extremely poorly paid. The job, therefore, attracts a lot of people who cannot get other employment, or people looking for a job for a short duration until they find something better. A number of'cowboy' operators still exist - these use unlicenced guards picked for brawn rather than brain, with obvious consequences.
As regards notices that troublemakers will be dealt with by force, these are not needed. Surely, if one disturbs the peace by causing trouble, one puts oneself beyond the pale of society and offers oneself up to a vigourous response. The onus of responsibility lies with the citizen to behave himself in a responsible manner. Furthermore, ignorance of the law (or even of common decency), is no excuse - this last remains enshrined within the English Criminal Law.
2007-08-12 11:12:02 · answer #2 · answered by ? 6 · 4⤊ 0⤋
Nightclub
2016-03-16 22:06:46 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I agree that bouncers do a hard job, and that most of them do it very well. They toe a fine line when using force to remove someone.
If the person is refusing to leave, they are on private property and the bouncer is merely enforcing the right of the property owner to have the person removed. The person is usually asked first, if they are non-violent. if they are fighting or destructive, then the bouncers have the right to take the steps necessary to remove them.
The best bouncers are the ones who can talk the person out the door. They protect themselves and their employers from lawsuits.
2007-08-12 11:02:35 · answer #4 · answered by CGIV76 7 · 5⤊ 2⤋
What about the use of rear choke holds against someone trying to break up a fight and un-uniformed "bouncers" with no badge displayed?
2015-12-28 12:16:29 · answer #5 · answered by ? 1 · 0⤊ 0⤋
Anyone is allowed to use force to protect themselves as long as it is reasonable, no law allows the use of force if no breach of law has been committed and any such force becomes assault.
common law states no loss, harm or injury and any breach in this law leaves you liable if you cause un provoked injury to another, the police are bound by the same laws.
Lawyers need to know the diffrence between legal and lawfull.
2014-03-13 13:25:57 · answer #6 · answered by Kenneth 1 · 0⤊ 1⤋
legally they can use reasonable force to eject a person after making reasonable requests to leave, they cant hit somebody to stop an argument but they can pull them apart
2007-08-12 20:55:04 · answer #7 · answered by vdv_desantnik 6 · 0⤊ 0⤋
they are governed by the same laws as every one else they can use "reasonable force" to eject someone causing trouble or endangering others same as security guards they shouldn't touch you as that could be assault but its hard to prove unless you have injuries and witnesses at the end of the day some of them are proffessional some are just thugs
2007-08-12 10:59:30 · answer #8 · answered by golden 6 · 5⤊ 1⤋
Yes, if someone is being disruptive, a bouncer's job is to forcably eject them from the building. Just because you don't know that they will do this, does not mean you will be able to sue when they eject you for a reason. Ignorance is no excuse.
2007-08-12 10:52:31 · answer #9 · answered by Erulechto 3 · 3⤊ 4⤋
That is what bouncers are their for stop the unruley from
starting trouble or fights. A person should be able to go to a
tavern or bar and get a drink in peace without someone
starting problems for them.
2007-08-12 10:55:40 · answer #10 · answered by Jimmy H 2 · 3⤊ 3⤋