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What's the law in relation to Publicans and ensuring a safe environment?.

  • 12-02-2012 8:30am
    #1
    Freiheit
    Closed Accounts Posts: 1,783 ✭✭✭


    Hi I experienced some harassment in a pub last night. This is not money motivated,I'm just genuinely curious as to what is the legal responsibility of the propreitor to ensure a safe environment for their patrons?. Is it his responsibility to ensure this happens and if so how far does this extend?. Is he only required to make reasonable effort and how is this be defined?.

    Its started in the toilet and he told me that he didn't withness what went on in the toilet but surely the toilet can't be an Island? if that was the way drugs could be dealt and rape could happen there.

    I'm curious of the law,could someone please inform me?.

    Danke schoen!
    F


Comments

  • #2
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Publicans have a duty of care to thier customers. It's fairly complicated and I should back up my assertions by going and getting my notes but I'm hung over so...

    They need to have sufficicent staff (either barmen or security) to ensure the peace is kept. But there is all sorts of exceptions. As with anything in negligence it very much depends on the actual circumstances and damage done.


  • #3
    RandolphEsq
    Closed Accounts Posts: 6,296 ✭✭✭RandolphEsq


    Publicans do owe a duty of care in terms of fighting in the pub. They have to take reasonable steps to prevent harassment/assault like not serving the drunken lout, kicking out the drunken lout, and having enough bar staff/bouncers to control a hostile situation should one arise, CCTV though not in the toilets.
    It has to be stressed that it is only reasonable steps they have to take, like just because someone gets assaulted does not automatically mean the publican was at fault. It would be very unfair to impose a burden on publicans that they guarantee that no one gets assaulted or else they are liable.


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