Dealing with violence

What can you do if confronted with a violent customer?

by David Clifton, one of thePublican.com's legal team​

Once this week's General Election is over, I wonder whether we will all forget what happened with the Deputy Prime Minister John Prescott.

Hard-hitting New Labour policies - that's what it was all about.

It got me thinking. Not for one moment because I believe the same thing might happen the next time the Deputy Prime Minister - whoever he or she may be in the future - comes in through the entrance of your pub.

But sadly enough because violent behaviour in licensed premises has not yet become a thing of the past and some will produce statistics to say that it is on the increase.

So where do you stand as far as the law is concerned if you get walloped by a disgruntled punter in your pub?

• What is the position of the licensee?​

It is an offence for a licensee to permit drunken, violent, quarrelsome or disorderly conduct to take place on his premises. Any person who refuses to leave when asked to do so by the licensee renders himself liable to prosecution.

What is the position of the employer?​

An employer is under a duty to provide a safe place of work. If a fight starts, the employer is under an obligation to make every attempt to stop it in order to prevent injury to employees. He has a similar duty towards customers.

What is assault and battery?​

Assault is an intentional or reckless act, which causes someone to think that they are about to be the victim of unlawful force or personal violence. Just words or gestures can be enough for an offence to be committed if the victim is sufficiently frightened.

Battery is the carrying out of that threat involving some degree of personal contact.

Are they criminal offences? ​

Assault and battery are offences under both criminal and civil law, meaning that if the person committing the offence is convicted in the criminal courts, he is liable to imprisonment and/or a fine, as well as possible liability to pay compensation to his victim. Additionally or alternatively, however, the victim can bring a claim for damages in the civil courts.

The amount of any damages awarded will depend on the court's view of the injuries suffered and any long-lasting effects, although you are able to claim additionally specific cost and loss to which you have been put, for example, loss of wages, damage to clothing and fares to and from the doctors.

What if I defend myself?​

The law says that a person is entitled to use reasonable force to defend himself. However, it would appear from recent events that precisely what force is justified against a flying egg remains to be determined by the courts.

Can I pursue a claim to the Criminal Injuries Compensation Authority?​

Where no compensation is awarded to the victim of a violent crime, he or she may bring a claim before the Criminal Injuries Compensation Authority in Glasgow where the claim is for more than £1,000. The authority publishes guidelines as to the approximate sums awarded according to the nature and degree of injury suffered.

Do I need to report an act of violence?​

In order to institute criminal proceedings against someone, you will need first to report an incident to the police before charges will be brought against the assailant.

However, there may also be an obligation to report the incident under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.

Where any injury occurs to a non-employee which requires the injured person to go straight to hospital for treatment or where any injury is caused to an employee resulting in more than three days off work, the employer is required to report the incident to the local authority and to keep a written report of the circumstances and details of the incident for three years.

Personally, I have always relied on the fact that no one will hit you if you're wearing glasses. Well, it's worked so far.

As a postscript, it's been refreshing to read recently about research which puts a more positive gloss on alcohol consumption than one usually reads.

Instead of the dire warnings of the inexorable link between alcohol and crime and the increasing number of alcohol-related deaths, scientists at the London School of Hygiene and Tropical Medicine have calculated that if everyone stopped consuming alcohol, deaths would increase by 2.8 per cent in men and 0.9 per cent in women.

In other words, 10,000 lives would be lost each year - more than those caused by deaths linked to alcohol consumption. It's all because drinking reduces the risk of dying from a heart attack.

However, to get the best possible results, the scientists are suggesting that men should not start drinking until they are 35 and women should not start until they are 55. Back to the drawing board then!