Is There a Legal Right to Be Served in a Pub?

Is There a Legal Right to Be Served in a Pub?

pub 5537449 1920

In short: No, there is no automatic legal right to be served alcohol in a pub in England and Wales.

No “Right to a Pint”:

While pubs are public-facing businesses, they are not public services. The law does not guarantee a right to be served alcohol, and licensees have discretion over whom they serve – provided they do not discriminate unlawfully (e.g. based on race, gender, disability, etc.).

The Law and Licensing:

Pubs and other licensed premises operate under the Licensing Act 2003, which gives them the legal authority to refuse service under certain conditions. In fact, in some cases, refusal is a legal obligation, as under Section 141 of the Licensing Act 2003 it a criminal offence to knowingly sell alcohol to a person who is drunk.

Staff, managers, and the Designated Premises Supervisor (DPS) can be fined (up to £1000) or face licensing consequences if they breach this rule.

Grounds for Refusal:

Licensed premises may refuse service for a variety of lawful reasons, including:

  • The customer is visibly intoxicated
  • The customer is underage or cannot produce valid ID
  • The customer is abusive, threatening, or disruptive
  • The premises is at capacity or closing
  • The customer has been previously barred

These refusals are not considered discriminatory if they are based on behaviour, safety, or legal compliance.

Summary

There is no legal entitlement to be served alcohol in a pub. Licensed premises have both the right and responsibility to refuse service when necessary, especially to uphold the licensing objectives and comply with the law.

Advisory:

Log ALL refusals in your Refusals Book at the time or shortly after the refusal.  Record a description of the person refused if you do not know them by name.  Retain CCTV imagery to preserve your position in the event of complaints/

Make an appointment today

Please pick a date from the calendar and we can begin the process of booking you in for a consultation

Q: Why The Licensing Guys should be the licensing partner for you…? 

A: These are the three biggest themes that come out of our Google Reviews:

  1. We take away all the stress.
  2. We tailor your alcohol licence to the individual needs of YOUR business.
  3. We provide a dedicated & personal account manager to oversee your application at every step.