General information only, not legal advice. The Licensing Act sections below apply in England and Wales.
A public house is not a public place
“You can’t stop me, it’s a public place.” Most of us have heard it, from behind a phone, seconds after a refusal.
It’s wrong. A pub is a public house: private premises the public is invited into. As licensing firm Poppleston Allen put it in The Morning Advertiser, “a ‘public house’ is not a ‘public place’ and a member of the public cannot insist on being there.”
That invitation is your permission. You can set conditions on it, and take it back.
Your right to refuse, and its limit
There’s a common law right to refuse entry or service and to ask someone to leave, and your staff can exercise it for you (Morning Advertiser). You don’t have to give a reason, but a short, calm one about behaviour is good practice.
The limit is the Equality Act 2010. Refusals must be based on behaviour, never on who someone is. Race is a protected characteristic, and Romany Gypsies and Irish Travellers are legally recognised ethnic groups protected under the Act (EHRC). Refusing anyone because of race or any other protected characteristic is unlawful discrimination. Refuse on behaviour and write it down: that protects you too.
When they won’t go
Someone who stays after you’ve withdrawn permission is trespassing. In Semple v DPP the High Court held that an occupier, licensed or not, can ask a person to leave and use reasonable force to eject them if they refuse (Police Professional). Reasonable means proportionate; usually the safest force is none.
The Licensing Act 2003 adds teeth:
- s143: someone drunk or disorderly commits an offence if, without reasonable excuse, they fail to leave when asked by a constable, the licence holder, the DPS or authorised staff. When you ask, police must help expel them.
- s140: knowingly allowing disorderly conduct is an offence.
- s141: so is knowingly selling alcohol to someone drunk.
Is filming illegal?
Generally, no. The Metropolitan Police says people don’t need a permit to film in public places, and even officers can’t delete images without a lawful power such as a court order. So never grab a phone or demand deletion. Call the police.
But your pub isn’t a public place. Make “no filming of staff without permission” a condition of entry, and anyone who carries on after being asked can be told to leave.
GDPR rarely stops them: the ICO says purely personal use is outside UK GDPR. Your CCTV is different: it’s evidence, with UK GDPR duties attached.
Filming becomes a police matter when the behaviour does:
- Threatening or abusive words or behaviour likely to cause harassment, alarm or distress (Public Order Act 1986 s5; s4A where it’s intended). Both apply in private places.
- Harassment, which needs a course of conduct: at least two occasions for one person (Protection from Harassment Act 1997).
- Posts that are grossly offensive or menacing, or knowingly false or threatening under the Online Safety Act (CPS).
False claims posted about you may be defamatory, but that’s civil, and the Defamation Act 2013 requires serious harm (for a business, serious financial loss).
What to tell your staff
- Assume you’re being filmed and act as if it’s evidence.
- Stay calm. No sarcasm, no debate.
- Use a standard line: “I’ve asked you to leave because of how you’ve spoken to staff. I won’t discuss it further. Please leave now.”
- Fetch the manager or DPS. One voice, not three.
- Disorderly and won’t go? Ring the police and ask for help under section 143.
- Log it and save the CCTV before it records over.
- Put a sign up: “Private premises. Entry at management’s discretion. No filming of staff without permission. If asked to leave, please do so.”
- Use your Pubwatch and any radio link (National Pubwatch), alongside schemes like Ask for Angela.
- Look after your people afterwards. Check in and back them.
Know your rights: quick facts
- A pub is private premises. Customers can’t insist on being there.
- You can refuse service without giving a reason, but never because of race or another protected characteristic.
- Someone who stays after being asked to leave is trespassing.
- Drunk or disorderly and won’t leave? That’s an offence under s143, and police must help remove them.
- You can ban filming of staff as a condition of entry.
- Filming isn’t a crime in itself. Threats, abuse and harassment can be.
- You can’t take a phone or force someone to delete footage. Call the police.
- Your CCTV is your evidence. Keep it, and follow UK GDPR.
Sources (19)
- The Morning Advertiser / Poppleston Allen, “When are you legally allowed to ask customers to leave?”, 9 Aug 2024: https://www.morningadvertiser.co.uk/Article/2024/08/09/Licensee-rights-over-asking-customers-to-leave/
- The Morning Advertiser, “Legal Q&A: refusing entry and police on the premises”, 18 May 2018: https://www.morningadvertiser.co.uk/Article/2018/05/18/Legal-Q-A-refusing-entry-and-police-on-the-premises/
- Poppleston Allen, “Intoxicating powers” (right to eject, reasonable force), 19 Feb 2015: https://www.popall.co.uk/qanda/intoxicating-powers
- Police Professional, Criminal Law Week summary of Semple v DPP: https://policeprofessional.com/news/criminal-law-week-32/
- Licensing Act 2003, s140: https://www.legislation.gov.uk/ukpga/2003/17/section/140
- Licensing Act 2003, s141: https://www.legislation.gov.uk/ukpga/2003/17/section/141
- Licensing Act 2003, s143: https://www.legislation.gov.uk/ukpga/2003/17/section/143
- Equality Act 2010, s29 (provision of services): https://www.legislation.gov.uk/ukpga/2010/15/section/29
- EHRC, “Challenging race discrimination against Irish Travellers” (M & Ors v A Pub): https://www.equalityhumanrights.com/our-work/legal-action-search/challenging-race-discrimination-against-irish-travellers
- Metropolitan Police, Photography advice: https://www.met.police.uk/advice/advice-and-information/ph/photography-advice/
- ICO, A guide to the data protection exemptions (domestic purposes): https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/exemptions/a-guide-to-the-data-protection-exemptions/
- ICO, Guidance on video surveillance including CCTV: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/cctv-and-video-surveillance/guidance-on-video-surveillance-including-cctv/how-can-we-comply-with-the-data-protection-principles-when-using-surveillance-systems
- Public Order Act 1986, s4A: https://www.legislation.gov.uk/ukpga/1986/64/section/4A
- Public Order Act 1986, s5: https://www.legislation.gov.uk/ukpga/1986/64/section/5
- Protection from Harassment Act 1997, s7: https://www.legislation.gov.uk/ukpga/1997/40/section/7
- CPS legal guidance, Communications offences (updated 29 Jun 2026): https://www.cps.gov.uk/legal-guidance/communications-offences
- Defamation Act 2013, s1: https://www.legislation.gov.uk/ukpga/2013/26/section/1
- National Pubwatch, FAQs: https://nationalpubwatch.org.uk/frequently-asked-questions/
- Ask for Angela: https://www.askforangela.co.uk/