Liable for violence
Longer licensing hours and the perceived binge-drinking culture mean the role of the door supervisor and the licensees who employ them are firmly in the public eye.
Licensees can be held liable for the actions of the doorstaff even if they take all reasonable steps to reduce the risk of violence.
Contracting out your security requirements, although it may avoid the need for a manager to hold an in-house Security Industries Authority licence, does not mean that as a licensee you can escape civil liability.
In January this year the Court of Appeal, in the case of Hawley v Luminar Leisure and ASE Security Services, agreed that a doorman whose punch resulted in brain damage to a customer had been seconded to Luminar which was therefore responsible for his actions.
This was despite the fact that he was employed by ASE, the company contracted by Luminar to supply security, which retained both the right to fire him and paid his wages.
The decision was based on the fact that Luminar had retained day-to-day control and was responsible for the doorman's actions, where he was to be posted, to whom he reported and which customers to admit.
The vast majority of violent incidents arise when dealing with angry customers or troublemakers but publicans can take steps to ensure that doorstaff act within the law and wherever possible keep physical intervention to a minimum.
Since April 2005 it has been compulsory for all door supervisors to hold a licence. The aim of this government scheme is to try and regulate the security industry and ensure all operatives and their internal managers have a basic grounding in their responsibilities and to encourage good conflict management skills.
Apart from ensuring that doorstaff and their managers hold the appropriate SIA licence, licensees should make a detailed assessment of when and why violence occurs within their premises.
Measures can then be taken to reduce the risk to and from staff, including:
- training in both physical intervention and how to handle angry customers
- ensuring adequate methods of communication between staff
- reviewing violence and admissions policies
- reviewing your complement of doorstaff
- considering what additional security measures or changes to the environment could be introduced, such as CCTV, improved lighting, accessibility, safe areas and screening.
Licensees should regularly review their arrangements for door supervision. Who is responsible for supervision and training? Who will be responsible for ongoing physical intervention training?
If you contract the job out, look carefully at the terms and conditions of the contract and the insurance arrangements in place.
Civil claims for damages for injury arising as a consequence of violence are increasing. And the injuries sustained can be very serious. Don't delay in taking appropriate steps to protect your staff and your customers by ensuring that physical intervention is kept to a minimum and used only when appropriate by trained and licensed staff.
Noel Walsh is head of workplace safety at Weightmans Solicitors
