New case clarifies doorstaff law

Licensees and doorstaff have been reassured that they cannot be held liable for everything that takes place in a venue following a recent court case.

Law firm Weightmans says the decision in the case, which involved an attack in the Hippodrome nightclub in Colchester, Essex, should be a comfort to doorstaff, employers and licensed trade operators.

The case came about after club-goer Lee Crosby was assaulted in the nightclub. Mr Crosby pursued the claim against Regency Security Services because he believed the door workers should not have allowed his assailant in the venue after an altercation had already taken place at the door.

But, giving a first instance judgment, Judge Yelton confirmed previous decisions that a defendant is not under an affirmative duty to prevent the deliberate wrongdoing of another - in this case customers - unless there are very limited circumstances.

The Judge held that it was not foreseeable that the assault would occur.

Peter Forshaw, a partner and head of the leisure sector at national law firm Weightmans, said: "Whilst a comfort to door staff, their employers and club operators, the decision emphasises the need for staff to be vigilant and to be appropriately trained to identify and dispel potential difficulties if entry is to be permitted.

"In the most extreme cases, staff need to be adequately trained to swiftly refuse entry in the face of probable violence or apparent intoxication."

The decision comes after a series of high-profile decisions which have held that pub and club operators could be held "vicariously liable" for the actions of their doorstaff.