You may have to deal with security guards or bouncers at shopping centres, concerts, nightclubs, pubs or anytime you want to go onto someone else’s property. Security guards usually work for the owner of a shop or nightclub, or the organiser of a concert.
Security guards and bouncers are not police officers, and they do not have the same powers as the police. A bouncer is really just a security guard employed by a licensed venue like a pub or club.
Security guards are often hired by property owners to do things like:
A security guard or bouncer cannot search you without your permission.
However, many places (including shops, shopping centres, pubs and clubs) might have rules requiring you to consent to searches if you want to enter. If you don’t consent then you might be refused entry or asked to leave.
A security guard or bouncer can arrest you if they find you in the middle of committing an offence. A security guard or bouncer can also arrest you if you have just committed an offence, but only if it is reasonable for them to believe that you committed the offence. They can only use reasonable force to make the arrest.
Normally, a security guard or bouncer making an arrest must tell you that you are under arrest and must also state the reason for the arrest. This is so that you know why you’re being arrested. But there is no technical or precise language that the guard needs to use to do this.
Sometimes, it is not necessary for a bouncer or security guard to tell someone that they are being arrested. If a person is caught red-handed while committing a serious crime, it would not be necessary to tell them that they have been arrested because the reason would be obvious.
If a security guard or bouncer arrests you, they must either arrange for a police officer to attend, or take you to a police officer as soon as possible. Once you are in contact with the police, they will decide whether to arrest you or whether you are free to go.
If a citizen’s arrest has been done properly, it will be a lawful use of force, and the arrested person is not allowed to resist. But a lawful citizen’s arrest could become unlawful if excessive force was used by the bouncer or security guard.
If you feel that a security guard or bouncer arrested you unlawfully, contact a lawyer.
If you think you have witnessed a crime occurring, you should contact the police. It is not a good idea to make a citizen’s arrest yourself.
Even if you are only trying to help, arresting someone without a good reason can leave you facing charges of your own and it can be dangerous.
When you are on private property, such as a shopping centre, a security guard or bouncer can ask you to leave the premises even if you have done nothing wrong. If you do not leave after being requested, this is trespassing and you are breaking the law. A security guard or bouncer can only use reasonable force to remove you from the premises.
If you are going to a bar, pub, club or other licensed premises, slightly different rules apply. If you are intoxicated, disorderly or under 18 years of age, a security guard or bouncer can remove you from the premises. But remember that they can only use reasonable force to make you leave the premises.
There are no laws about banning a customer from a shop, so there is no limit on how long a ban can last, how the ban can be issued, or the reasons for banning someone. This means a manager of a shop or shopping centre can ban a customer for all kinds of reasons, including if they believe a customer has been rude or disruptive.
However, shops are not allowed to discriminate against customers based on certain characteristics, including age.
If you’re received a banning notice, please contact us here and we can give you more information on what your options are.
If you have a problem with a security guard, it’s a good idea to:
If you believe a security guard or bouncer has wrongly arrested or detained you, you might consider suing them for ‘false imprisonment’, for which you would be compensated.
If you have a problem or a question, you can send it to us today and we can provide you with free advice, information and referrals to help solve your problem. Just click on the button below.Get help now