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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Last year my Son was involved in an altercation with a bouncer

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Last year my Son was involved in an altercation with a bouncer who broke his wrist. We reported this to the local Police and because of this action Pubwatch became involved and subsequently banned him from the area for 5 years. I have tried to appeal this action but as Pubwatch are self governed this is proving to be difficult and a little biased! There is obviously a lot more detail to this case but was looking for a little guidance as to how i might proceed?
My name is ***** ***** I am happy to help you today. Please clarify - is your question simply about the PubWatch scheme?
Customer: replied 2 years ago.
I would like to know how we can get this ban overturned as the correspondence from Pubwatch does not match my appeal sent. They seem to be able to make decisions not based on anything and when appealed they do not respond to answers asked. In the response received they also seem to be lying as I have checked the information given with the Police and it is definitely not correct?
I understand. Please bear with me for a few minutes while I type an answer for you.
Thanks for your patience. PubWatch is not a statutory body but made up usually of local publicans in conjunction with the police to monitor and bar people from pubs. Pubs are private businesses and publicans, like all property owners, have the right to determine who can come onto their premises or not. It's a matter entirely for them. If a publican bars a person from his or her pub (in legal terms, withdraws the implied licence or permission that you have to enter their premises) you would commit the tort of trespass if you were to re-enter the premises and the landlord would be entitled to eject you – though many would prefer to call the police – and, if they chose to do so, claim damages from you. There is no statutory form of appeal against their decision. As I said earlier, the publican decides who can or can't enter the premises and this is not something that a court would interfere. By analogy, if I refuse to allow you to enter my property that is my choice and a matter which the courts will not interfere with regardless of my basis on which I make that decision. There is no regulatory body or tribunal to take your appeal to unfortunately; this is a private scheme run locally by local publicans. I'm sorry is this is bad news but I have a duty to given an honest and objective opinion on the law.
Customer: replied 2 years ago.
So on this basis they can refuse the right for anyone regardless of what that person may/may not have done? If these publicans are given this level of authority isn't there be a body to govern them and their actions?
Correct. They have the say on who can and can't enter their premises as does any other private business or individual. There is no body that governs Pub Watch. Its a voluntary scheme run with some assistance from the police - a bit like Neighbourhood Watch. The only real oversight is from the council liquor licensing people - but they are more concerned about whether the alcohol etc is served properly rather than who is banned from premises - which historically has been a matter for the landlord any way.
Can I assist you with this any further? If not, please take a moment to rate my answer so that I am paid for my time. Happy to discuss further if needed. Alice
Customer: replied 2 years ago.
Sorry for the delay in replying - although I am not happy with the answer you have answered it. However, I do know the Police do not have much say in this matter also so not sure this self governed body is using its powers wisely and to its best potential. this being the case how would someone go about discrediting the service they provide?
You could raise the issue with the local council and continue your pressure in correspondence. But, of course, you need to be careful that what you say is not defamatory. Whilst you may be unhappy with the manner in which this scheme is run other people may feel that it serves the community by monitoring trouble makers and helping the police catch violent offenders etc.
Alice H and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Many thanks - I may keep up the pressure as they have accused in writing that my Son has been in trouble again in the same area which I have found to be untrue as I contacted the Police who confirmed he had not been there and there was no record of this happening.
You may which to consider legal action against the person making the false allegations about your son. Unjustified slanderous comments can result in compensation being awarded and an injunction against the accuser.