Being Ejected from a Night club

Being Ejected from a Night club

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Pasteurised

Original Poster:

324 posts

151 months

Sunday 26th April 2015
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Just wondering if someone can tell me if is a criminal offence to refuse to leave a night club when asked to by "Security Staff"

In Scotland if that changes things.

Thanks

UK345

441 posts

157 months

Sunday 26th April 2015
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I wouldn't say so. I was once chucked out a club but i was drunk and accepted it there and then. The bouncer was great with me. You do of course get the scummy ones who just want a fight which i am just not interested in.

If you refuse they have the right to remove you and if the police did happen to be involved they would just ask you to move on. Of course if you gave them cheek etc you would be lifted and cautioned for it.

Pasteurised

Original Poster:

324 posts

151 months

Sunday 26th April 2015
quotequote all
Ok thanks for your help.

My refusal to leave was non violent, with a legitimate reason, but I wont go into it on a public forum.

I sought the advice of the police the day after the incident to ask if they considered my injuries to be "acceptable force" to which they said it was not, and that I should report the individuals involved for assault.

marshalla

15,902 posts

200 months

Sunday 26th April 2015
quotequote all
There is a criminal offence associated with refusal to leave licensed premises :

http://www.legislation.gov.uk/asp/2005/16/section/...


spitsfire

1,035 posts

134 months

Sunday 26th April 2015
quotequote all
Pasteurised said:
Just wondering if someone can tell me if is a criminal offence to refuse to leave a night club when asked to by "Security Staff"

In Scotland if that changes things.

Thanks
Possibly - Licensing (Scotland) Act 2005 S116.

Depending on the situation, it may not be a criminal offence. But why bother? Your best-case outcome is that you don't get done. The worst case includes handcuffs and/or ambulance.

Rick101

6,959 posts

149 months

Sunday 26th April 2015
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Don't know your circumstances but as an ex doorman I would say you are much better off just leaving rather than trying to make a point or have a discussion. Don't make a fuss, just down you pint, go somewhere else and enjoy the rest of your night.
Make a do about it an you likely to be leaving very shortly anyway and will spend the next few days pissed off about what has happened.

If you have been injured, you of course can make a complaint but it's pretty doubtful it will go anywhere unless you have a very strong case.

Countdown

39,685 posts

195 months

Sunday 26th April 2015
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Rick101 said:
Don't know your circumstances but as an ex doorman I would say you are much better off just leaving rather than trying to make a point or have a discussion. Don't make a fuss, just down you pint, go somewhere else and enjoy the rest of your night.
Make a do about it an you likely to be leaving very shortly anyway and will spend the next few days pissed off about what has happened.
What he said ^^^.

If "they" want you to leave and you refuse they will remove you by force. They're not going to enter into any lengthy verbal debate.

Everybody who doesn't want to be ejected believes that "they" are in the right. It's a bit of a Catch-22.

egor110

16,817 posts

202 months

Sunday 26th April 2015
quotequote all
Pasteurised said:
Ok thanks for your help.

My refusal to leave was non violent, with a legitimate reason, but I wont go into it on a public forum.

I sought the advice of the police the day after the incident to ask if they considered my injuries to be "acceptable force" to which they said it was not, and that I should report the individuals involved for assault.
If you were non violent then why was any force used against you?

Surely if as you were non violent they'd just escort you to the door whilst holding a arm and job done?


KrazyIvan

4,341 posts

174 months

Sunday 26th April 2015
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How drunk were you at the time?

anonymous-user

53 months

Sunday 26th April 2015
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egor110 said:
If you were non violent then why was any force used against you?

Surely if as you were non violent they'd just escort you to the door whilst holding a arm and job done?
yes

We only ever used force when it was needed, people used to sober up the next day and complain to the Police who would then view the CCTV and side with us.

The OP may have come across a bad egg but I don't know any that would risk losing their licence. I suspect there is more to this than the OP is telling us.


egor110

16,817 posts

202 months

Sunday 26th April 2015
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anonymous said:
[redacted]
Exactly, the poster said he was non violent but if they ask you to leave and try and just guide you out, you then dig your heels in so you've just escalated the force needed to remove you , then they have to hold a arm and push/pull you towards the door .

Non violent doesn't just equate well i didn't try and hit the bouncer so i was non violent.

a311

5,789 posts

176 months

Sunday 26th April 2015
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I have no particular advice to give to the OP but coming from a small town, 'when I was a lad' a lot of the bouncers were just in it to give people a hiding. Seen some people get a real hiding over the years, for being a bit drunk and not much more. In cities they seem to be a bit more professional and will just usher folk out from what I've seen.

I'm not sure on the legalities but no doubt they'll turn around and say you were inhiberated with sober bouncers buddies to back up 'their' story. Just easier to comply. Happened to a friends brother who got a good hiding from a bouncer and went to court etc but the bouncer wasn't charged.

Countdown

39,685 posts

195 months

Sunday 26th April 2015
quotequote all
a311 said:
I have no particular advice to give to the OP but coming from a small town, 'when I was a lad' a lot of the bouncers were just in it to give people a hiding. Seen some people get a real hiding over the years, for being a bit drunk and not much more. In cities they seem to be a bit more professional and will just usher folk out from what I've seen.

I'm not sure on the legalities but no doubt they'll turn around and say you were inhiberated with sober bouncers buddies to back up 'their' story. Just easier to comply. Happened to a friends brother who got a good hiding from a bouncer and went to court etc but the bouncer wasn't charged.
It's not in the owners interests to give customers a hiding. From my experience its far far more common for punters who've had a few to want to play the hard man. Most decent clubs tend to have CCTV to protect door staff as much as anything else.

a311

5,789 posts

176 months

Sunday 26th April 2015
quotequote all
Countdown said:
It's not in the owners interests to give customers a hiding. From my experience its far far more common for punters who've had a few to want to play the hard man. Most decent clubs tend to have CCTV to protect door staff as much as anything else.
I'm not disagreeing, and it's no doubt the case in cities-who's going to want to go to a club whose door staff kick the st out of? Just saying it was common place in my home town, there was only really one night club.

mph1977

12,467 posts

167 months

Sunday 26th April 2015
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unless refusal is for an Equality Act protected characteristic , there is no obligation to allow admission or continue to entertain you ...

egor110

16,817 posts

202 months

Sunday 26th April 2015
quotequote all
a311 said:
I have no particular advice to give to the OP but coming from a small town, 'when I was a lad' a lot of the bouncers were just in it to give people a hiding. Seen some people get a real hiding over the years, for being a bit drunk and not much more. In cities they seem to be a bit more professional and will just usher folk out from what I've seen.

I'm not sure on the legalities but no doubt they'll turn around and say you were inhiberated with sober bouncers buddies to back up 'their' story. Just easier to comply. Happened to a friends brother who got a good hiding from a bouncer and went to court etc but the bouncer wasn't charged.
How long ago was that though ? 80's 90's?

In that era i lived in a town near to a marine base the bouncers then had half a pool cue filled with lead , that sort of thing just doesn't seem to go on anymore.

Mr Classic

224 posts

118 months

Sunday 26th April 2015
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What's the difference between forcing someone from a nightclub, or removing them from your garden?

a311

5,789 posts

176 months

Sunday 26th April 2015
quotequote all
egor110 said:
How long ago was that though ? 80's 90's?

In that era i lived in a town near to a marine base the bouncers then had half a pool cue filled with lead , that sort of thing just doesn't seem to go on anymore.
90's and early 00's I don't go out boozing too much anymore and said club is now shut.

marshalla

15,902 posts

200 months

Sunday 26th April 2015
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Mr Classic said:
What's the difference between forcing someone from a nightclub, or removing them from your garden?
Your garden isn't subject to a licence and the associated laws.

Funkycoldribena

7,379 posts

153 months

Sunday 26th April 2015
quotequote all
Mr Classic said:
What's the difference between forcing someone from a nightclub, or removing them from your garden?
You've got bouncers in your garden??