Doorstaff warning after Luminar loses case
Pubs which use doorstaff are being warned that they are liable for their actions after late-night operator Luminar Leisure lost a case in the Court of Appeal.
In what could be a landmark ruling, the court confirmed that Luminar was "vicariously liable" for the actions of a door worker who left a man permanently brain damaged while employed by door company ASE Security Services Ltd at the Chicago Rock Café in Southend-on-Sea, Essex, in August 2000.
In effect, the ruling means any pub or club which has some sort of practical control over its doorstaff - even though it may not employ them directly - is responsible for their actions.
Following the judgment, which confirmed an earlier ruling in the High Court, Luminar is now facing having to pay out huge damages to the individual after ASE went into liquidation in 2001.
Doorman Jeffrey Warren was convicted of grievous bodily harm in 2001. It also transpired that Mr Warren had tricked his way into working for the security firm by carrying a forged identification badge and falsely claiming he was registered with a local door supervision scheme.
The Court of Appeal ruled on January 24: "We are quite satisfied that it was open to the Judge on the facts to find that Luminar had become Mr Warren's deemed employer. Responsibility for Mr Warren's acts lay, therefore, with Luminar."
Luminar declined to comment on the case last week.Employment lawyer Diarmuid Deeney, from law firm Halliwells, said the case should act as a wake-up call to anyone who employs doorstaff.
"Licensees must do their own checks," Mr Deeney told The Publican. "A lot of these security companies are 'fly-by-night' - if they go bust any victims will come after the venue concerned. Pubs and clubs must check that if people say they are qualified, that they are properly qualified."
The advice was echoed by Jon Collins, chief executive of the Bar Entertainment & Dance Association.
"This ruling has made it abundantly clear that when employing a security company, employers' liabilities have not been passed over," he said. "For operators it is a clear message that you are still accountable for the actions of your door workers, whatever their employment status."
