Rights of Entry to and Exclusion from Public Houses (continued)

The general rule is that a licensee has total discretion over whom is allowed to enter his house, whom is served and whom is allowed to stay there. A customer or potential customer should not be discriminated against on the grounds of race or sex however. That general position is restricted in two material respects:-

1. A licensee must not sell intoxicating drinks to a drunken person nor must any drink be supplied (by gift or sale) to a police officer on duty except by authority of a superior officer. To do so is a criminal offence.

2. A licensee also has responsibility not to permit drunken, violent or disorderly conduct to take place on his premises or indeed to allow prostitutes to solicit. Should the presence of someone in premises make the licensee liable to prosecution, the licensee may eject that person and, if requested, the police must assist. Exclusion Orders.

It is often overlooked that where a person is convicted of an offence on licensed premises involving violence or the threat of violence, the magistrates may take an Exclusion Order prohibiting the convicted persons from entering the premises or any other premises named in the order without the consent of the licensee. The order can be effective from any period from three months up to two years.

If requested by a licensee, the Police must assist.

 

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