Operating A Licensed Premises With Disorderly Activity May Result In

Operating a Licensed Premises with Disorderly Activity May Result In… Serious Consequences

Operating a licensed premises, whether it's a bustling pub, a vibrant nightclub, or a quiet restaurant serving alcohol, comes with significant responsibilities. One of the most critical aspects is maintaining order and preventing disorderly conduct. Failure to do so can lead to a cascade of serious consequences, impacting your business's reputation, profitability, and even its legal existence. This article explores the potential ramifications of allowing disorderly activity on your licensed premises, providing insights into the legal landscape and offering practical strategies for proactive management.

Understanding "Disorderly Conduct" in the Context of Licensed Premises

The definition of "disorderly conduct" can vary depending on jurisdiction and specific legislation. However, it generally encompasses a range of behaviours that disrupt public order and threaten the safety and well-being of patrons and the wider community. This can include, but is not limited to:

Common Examples of Disorderly Conduct:

• Violence and aggression: Physical altercations, fights, threats of violence, and assault.
• Public intoxication: Excessive drinking leading to disruptive behaviour, such as shouting, swearing, or staggering.
• Drug use: Possession, consumption, or dealing of illegal drugs on the premises.
• Noise nuisance: Excessive noise levels disturbing nearby residents or businesses, especially during late hours.
• Criminal damage: Vandalism, destruction of property, or theft.
• Racial or religious hatred: Incidents of discrimination, harassment, or violence motivated by prejudice.
• Underage drinking: Serving alcohol to minors or allowing them access to the premises.
• Unlicensed activities: Conducting activities not permitted under your license, such as gambling or hosting unlicensed events.

The Legal Ramifications of Failing to Control Disorderly Activity

The consequences of failing to effectively manage disorderly conduct on your licensed premises can be severe and far-reaching. These consequences can be both civil and criminal in nature.

Criminal Consequences:

• Personal Liability: License holders and designated premises supervisors (DPS) can face criminal charges, including fines, imprisonment, or both, for failing to prevent or control disorderly conduct. The severity of the charges depends on the nature and extent of the disorder.
• License Revocation or Suspension: Licensing authorities have the power to revoke or suspend your license permanently or temporarily. This can result in the immediate closure of your business and significant financial losses. This is a particularly serious outcome, effectively ending your business operations.
• Prosecution of Employees: Employees who directly contribute to or fail to prevent disorderly conduct may also face criminal charges. This underscores the importance of comprehensive staff training and clear protocols.

Civil Consequences:

• Civil lawsuits: Victims of disorderly conduct on your premises may sue your business for negligence, seeking compensation for injuries, property damage, or emotional distress. This can result in substantial financial liabilities.
• Reputational damage: Negative publicity associated with incidents of disorderly conduct can severely damage your business's reputation, leading to a loss of customers and a decline in revenue. Word of mouth, particularly negative online reviews, can be devastating.
• Insurance complications: Your insurance provider may refuse to cover claims arising from incidents of disorderly conduct if they deem you negligent in preventing them. This can leave you financially exposed to significant costs.
• Increased insurance premiums: Even if your insurance covers claims, your premiums are likely to increase significantly after incidents of disorder, reflecting the increased risk associated with your premises.

Proactive Strategies for Preventing Disorderly Activity

Preventing disorderly conduct is far more effective and less costly than dealing with its consequences. Implementing a proactive approach requires a multifaceted strategy involving:

Staff Training and Management:

• Comprehensive training: All staff should receive thorough training on recognizing and responding to signs of disorderly conduct, conflict resolution techniques, and the importance of following established procedures. This should be a regularly updated and reviewed part of employment.
• Clear procedures: Establish clear protocols for handling various situations, including incidents of violence, intoxication, and noise complaints. These procedures should be concise, easy to understand, and readily accessible to all staff.
• Effective communication: Ensure that staff members are comfortable communicating with management and reporting incidents promptly. Foster a culture of open communication and mutual support.
• Competent Security: Employing security personnel, especially during peak hours or high-risk events, can significantly enhance the ability to prevent and manage disorderly conduct. Security staff should receive specialized training in conflict resolution and crowd management.

Premises Management and Design:

• Physical security measures: Install adequate lighting, CCTV cameras, and alarm systems to deter crime and provide evidence in case of incidents.
• Clear signage: Display clear signage outlining acceptable behavior and consequences of disorderly conduct.
• Layout and design: Consider the layout and design of your premises to minimize potential trouble spots. Strategic placement of furniture and staff can help to control crowds and prevent bottlenecks.
• Refusal of service: Establish a clear policy for refusing service to intoxicated or disruptive patrons. Staff should be empowered to refuse service without fear of retaliation.
• Regular inspections: Conduct regular inspections of the premises to identify and address potential hazards or areas that could contribute to disorderly conduct.

Community Engagement and Collaboration:

• Building positive relationships: Foster positive relationships with local residents and businesses to address concerns and mitigate potential conflicts.
• Communication with authorities: Maintain open communication with licensing authorities and law enforcement agencies to address any concerns and ensure compliance with regulations.
• Responding to complaints: Develop a system for promptly and effectively addressing complaints from patrons, residents, and businesses.

Technology and Data Analysis:

• CCTV Systems: Utilizing high-quality CCTV systems can provide valuable evidence in case of incidents and help to deter potential disorderly behaviour.
• Data analysis: Analyzing data from CCTV footage and other sources can help identify patterns and trends in disorderly conduct, allowing for proactive measures.
• Crowd management software: Employing crowd management software can help to predict and manage potential overcrowding, a frequent contributor to disorderly behaviour.

Conclusion: Prioritizing Prevention and Responsible Operation

Operating a licensed premises involves significant responsibility, and the prevention of disorderly activity is paramount. The consequences of failing to control such activity can be severe, impacting your business financially, legally, and reputationally. By proactively implementing a comprehensive strategy that encompasses staff training, effective premises management, community engagement, and utilizing technology, you can significantly reduce the risk of disorderly conduct and create a safe and enjoyable environment for your patrons while safeguarding your business's future. Remember, a proactive approach is not just about avoiding penalties; it’s about building a thriving, responsible, and sustainable business within the community. Ignoring this responsibility can lead to the ultimate consequence: the loss of your license and the closure of your business.