Policy guidance for
refusal of service
Licence holders must be aware of the circumstances in which persons can and
should be refused service in licensed premises.
www.lindsays.co.uk
Licensing (Scotland) Act 2005
The Licensing (Scotland) Act 2005 (“the 2005 Act”) places an obligation upon licence
holders to ensure that their premises operate in accordance with the five licensing
objectives:

Preventing crime and disorder;

Securing public safety;

Preventing public nuisance;

Protecting and improving public health; and

Protecting children from harm.
“
At times it may be necessary to refuse service to a person in order to safeguard
these objectives and to ensure the smooth running of the premises. When assessing
At times it may be
necessary to refuse
service to a person in
order to safeguard
these objectives and
to ensure the smooth
running of the
premises.
”
whether to refuse service it may be useful to have regard to the criminal offences set
out in the 2005 Act. Staff can make reference to these offences when explaining why
the person is being refused service. The most relevant offences in the 2005 Act are
as follows:
Section 102: Selling alcohol to a child or young person
Section 111: Being drunk entering or in licensed premises
Section 113: Sale of alcohol to a drunk person
Section 115: Conducting yourself in a disorderly manner/permitting disorderly
conduct in licensed premises
Section 116: Refusal to leave a licensed premises upon being requested to do
so
Right of refusal
It is important to note that there is a common law right of refusal, i.e. the ground is not
expressly stated in legislation. This means that a licence holder is free to refuse to
serve persons without reference to a specific piece of legislation. In short, the licence
holder has a wide discretion as to who they serve.
Of course, a refusal must not be based upon any of the protected characteristics that
are set out in the Equalities Act 2010 (“the 2010 Act”). These characteristics are: age;
disability; gender reassignment; marriage and civil partnership; pregnancy and
“
Of course, a refusal
must not be based
upon any of the
protected
characteristics that
are set out in the
Equalities Act 2010
(“the 2010 Act”).
”
Policy guidance for refusal of service
maternity; race; religion or belief; sex; and sexual orientation. For the avoidance of
doubt, these legal duties apply regardless of size of the licence holder’s company.
Therefore, the licence holder is under an obligation not to discriminate against or
treat patrons differently because of a protected characteristic. For example, staff
asking a person to leave the premises owing to their ethnic origin constitutes
“
discrimination. Furthermore, the 2010 Act prohibits discrimination on the basis that
someone is wrongly perceived to have one of the protected characteristics, or
because someone is associated with a person with protected characteristics.
Staff training is crucial as under both the 2005 and the 2010 Act the employer or the
licence holder respectively can be held liable for the actions of their staff. Therefore, it
is important that employers and licence holders can demonstrate that all reasonable
steps have been taken to educate and train their staff in relation to their legislative
duties and obligations.
Staff training is
crucial as under both
the 2005 and the
2010 Act the
employer or the
licence holder
respectively can be
held liable for the
actions of their
staff.
”
The penalties for non-compliance with either legislative regime are severe with the
possibility of a summary conviction if found guilty of a breach of either regime. Noncompliance with the equalities legislation brings the possibility of a fine of up to
£5,000 and separately the 2005 Act sets out a maximum fine of £20,000 for certain
matters.
Licence holders should also bear in mind that a failure to operate well run premises
may result in their premises licence being reviewed by the Licensing Board. The
Board will consider whether it is necessary to take steps, from a warning to
revocation of the licence, to ensure that the premises operates in accordance with
the licensing objectives.
Dealing with a refusal
Accepted good practice suggests that when staff are refusing a person they may
wish to use the “REACT” method:
R
Request – ask the conflicting parties to calm down or leave.
E
Explain – that their behaviour is unacceptable and list the relevant legislative
section that has been broken. Tell the customer that you are just complying
with the law and that the rules are the same for everyone. For example,
“section 115 of the Licensing (Scotland) Act 2005 makes it a criminal
offence to be disorderly within a licensed premises and therefore, I need to
ask that you leave the premises”.
A
“
Licence holders
should also bear in
mind that a failure to
operate well run
premises may result
in their premises
licence being
reviewed by the
Licensing Board.
”
Appeal – say “please”, turn it around and say things like, “You don’t want me
to get into trouble” or “If you keep this up, I won’t be able to serve you” or “I
don’t want to call the police but will have to if you don’t back down”.
C
Confirm – if the customers still refuse to abandon the confrontation, repeat
any potential consequences and ask them if there is anything you can do to
get them to stop misbehaving.
© Lindsays 2015
.
Policy guidance for refusal of service
T
Take Action – here you will have to ask them to leave again. If they refuse to
contact us
do so, you will have to call the police by contacting either 101 or 999
depending upon the severity of the matter.
Additional advice for staff

Be positive in your refusal. Have a firm tone of voice, be confident and use direct
Caroline Loudon, Director, Head of
Licensing and Gambling
T: 0131 656 5753
E: carolineloudon@lindsays.co.uk
eye contact.

Avoid confrontation - if they become aggressive or abusive, stay calm and polite.

Be confident about your knowledge of the law and maintain eye contact. If you
are subjected to verbal abuse do not respond.
It is important that staff take action to avoid committing an offence under section 115,
i.e. permitting disorderly conduct in a licensed premises. Therefore, if a person
refuses to leave the premises, it is important that staff escalate this matter by calling
for police assistance.
Recommendations

Keep an incident diary – record all incidents occurring on the premises along
with the outcome. This can be used as a learning tool and also act as an
accurate record for Licensing Standards Officers and Police if necessary.
Suggested details should include: Date and time, details, location, name of duty
manager, employees involved, action taken i.e. were police notified?

Keep a refusals book – record all refusals and the reason for refusal. This again
Niall Hassard, Associate
T: 0141 302 8403
E: niallhassard@lindsays.co.uk
Michael McDougall, Solicitor
T: 0141 302 8422
E: michaelmcdougall@lindsays.co.uk
Jackie Paterson, Licensing Paralegal
T: 0131 656 5675
E: jackiepaterson@lindsays.co.uk
Kathleen Stewart, Licensing Paralegal
T: 0141 302 8412
E: kathleenstewart@lindsays.co.uk
Fiona Fyfe, Licensing Paralegal
T: 0141 302 8443
E: fionafyfe@lindsays.co.uk
can help management learn about refusals.

Distribute “Essential Licensing and Legal Guidelines” as set out below:
Essential Licensing and Legal Guidelines
You must not serve alcohol to a person who is – or appears to be – drunk.
You must not serve alcohol to the companion of a person who is drunk for the
Offices
Caledonian Exchange, 19A Canning
drunken person’s consumption.
Street, Edinburgh EH3 8HE
You must not serve alcohol to a person who is less than 18 years old.
1 Royal Bank Place, Buchanan Street,
You must not serve a person who you think is attempting to purchase alcohol on
Glasgow G1 3AA
behalf of someone who less than 18 years old.
Seabraes House, 18 Greenmarket,
You must not serve alcohol in anything other than standard measures. You must
not guestimate, “eye”, or “free-pour” what you think is the right amount. You must
always use a measure.
You must not allow the sale or supply of alcohol from the premises outside of our
licensed hours.
You must not allow any smoking in the premises.
You must not allow disorderly conduct in the premises.
In an emergency (e.g. serious disorderly conduct), you are authorised to call 101/999
for the police. You must also inform management.
Further information is available here – Responsible Service of Alcohol
© Lindsays 2015
Dundee DD1 4QB
33A Westgate, North Berwick EH39 4AG