Thursday 22 May 2014

The Landlord's Human Right To Bar Anti-social Behavior


There is a fundamental principle for licencees that they can “refuse service” to anyone they like, as long as their refusal is not on the grounds of Race, Gender or Disability. In effect when you go into a pub you go into the Landlords “house”, and after all each of us has a right to refuse entry to anyone we do not want come into our own homes!

I well remember a dirty, smelly, old tramp coming into our pub many years ago, and we had no hesitation in telling him he was not welcome. We did give him a wrapped sandwich and a bottle of pop to send him on his way though! I also remember a guy, well known in our town, who after three pints would want to take the world on - he wasn’t welcome either!

A Landlord also has a right to “ban” a person from his pub, and often, if that Landlord belongs to a local “Pubwatch” organisation, the same person will (or might) be banned from all pubs within their territory, this without seeking recourse to the law.

Well now; such a banned person (a 24 year old male banned for some 6 months from pubs within a Cornish town) is seeking redress from The European Court of Human Rights because he believes that the local Pubwatch organisation have banned him without him having had a chance to defend himself in a court of law. The local Pubwatch spokesperson said “What about the human rights of other people to enjoy their drink in a pub or the rights of publicans to run their business?”

I have no knowledge whatsoever of why this fellow has been banned, I do know however that Landlords and Pubwatch organisations do not ban people lightly, why would they when they need all of the customers they can get? Surely publicans must have the right to decide who can and who cant be in their pubs, it is very easy for the libertarians to sit at home and make judgements but you try serving and welcoming for example; some thug determined to make everyone’s life a misery, fuelled with god knows what inside him on a Saturday night when your locals are trying to have a quiet pint!

The customers of a pub are the reflection of the Landlord, of his standards and his hospitality; let us hope this fellow is not successful in claiming that his human rights have been infringed! Perhaps he might reflect on the reasons why he was banned in the first place?

Martin Read CMBII
Managing Director of www.inn-dispensable.com Personal Licence Courses

No comments:

Post a Comment