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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 1611
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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Thank you! I am wanting to find out exactly what the law is

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Hello, thank you! I am wanting to find out exactly what the law is around night clubs kicking out vulnerable people, e.g. a woman who appears very intoxicated. Could you please help or point me to where I could access this info? I want to know, according to the law, what obligations clubs have to their (seemingly drunk) customers in terms of keeping them safe and caring for them, and when they are within their legal right to kick such customers out of the club, even if that could be seen as putting them in danger? Thank you
JA: Where are you? It matters because laws vary by location.
Customer: UK, thanks Do you mean more specific than that? England
JA: What steps have you taken so far?
Customer: None
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you, ***** ***** question above

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Thank you

So in terms of law, nightclubs are not legally allowed to have a drunk person on the premises or they can lose your licence ( I appreciate that this is a bit absurd as usually most patrons are drunk in night clubs but that's what the law states). Secondly, the nightclub have the legal right to reject or eject anyone they want from the club. There could only potentially be a case for discrimination if they knew the persona had ailments and ejected them specifically for this reason. That would be an extremely difficult thing to prove!. However, what I think you are getting at is duty of care. Nightclubs of course have a duty of care to their patrons. However, legally the only person who can make a definitive decision on this would be judge. But in order to have any type of claim, firstly, three would have to be injury to the person you are referring to. If there was then you could bring a claim against the club however, you would have to prove that the incident was "foreseeable" by the nightclub. So if they ejected a drunk person and they were later attacked then you would have to somehow prove that the nightclub should have been aware this was going to happen due to the, ejecting the person. These are not easy cases but that is how the law works in terms of these issues.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

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Many Thanks

Ross

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Customer: replied 12 days ago.
Hi Ross. Thank you so much. I will do the 5 star rating. I was wondering if you could point me in the direction of the specific acts of legislation you’re referring to (on clubs not being allowed to have a drunk person on the premises, on their right to eject anyone, and ideally on their specific duty of care if you know of anything). No worries if you’re unsure! Thank you