Flags, Alcohol, And The Law: Navigating Operator Duties In Politically Charged Situations

By Julie Gowland, Partner and Head of Licensing at Birketts LLP (www.birketts.co.uk/people/julie-gowland/)

The recent controversy surrounding the Manor Farm pub in Birmingham, where a group of individuals draped in England flags were refused entry, has sparked national debate. But beyond the headlines and social media outrage lies a deeper issue that those within the alcohol licensing industry must consider: the legal and ethical responsibilities of operators under the Licensing Act 2003.

The incident: a licensing perspective

According to reports, the group refused entry had been part of a 200-strong protest against asylum seekers housed at a nearby hotel. Many were intoxicated and confrontational, prompting the pub’s management to deny entry in the interest of safety and public order.

While some critics framed the refusal as unpatriotic or discriminatory, the decision aligns with the core licensing objectives enshrined in the Licensing Act 2003:

1. Prevention of crime and disorder
2. Public safety
3. Prevention of public nuisance
4. Protection of children from harm

These objectives are the foundation of every licensing decision and operational policy.

Operators and the law: duties under the Licensing Act

Operators of licensed premises are legally bound to uphold these objectives. This includes refusing entry to individuals who are intoxicated, aggressive, or likely to disrupt the peace. Section 141 of the Licensing Act makes it an offence to knowingly sell alcohol to a person who is drunk.

Moreover, the Designated Premises Supervisor (DPS), a mandatory role for any premises selling alcohol, must ensure that alcohol is sold responsibly and that staff are trained to identify and manage risks associated with intoxication and disorder.

Greene King, the pub’s parent company, stated that the refused entry was not politically motivated but rather based on concerns over safety and association with protest activity. The manager asked patrons to leave flags at the door to avoid escalating tensions, a decision that aligns with the operator’s duty to prevent disorder and protect staff.

In addition to statutory duties, operators also have a common law right to refuse entry to individuals provided that the refusal is not discriminatory based on the protected characteristics under the Equality Act 2010. Licensed premises are private property, not public spaces, and there is no automatic right of entry for members of the public. This discretion is crucial in managing risk and maintaining order.

In this case, the Manor Farm team acted within their rights and responsibilities. Their refusal was not about the flag itself, but the behaviour and context surrounding its display.

The importance of context and discretion

The Licensing Act does not provide a precise definition of “drunk”, nor does it prescribe a one-size-fits-all approach to managing public order. Operators must use discretion, informed by training and experience, to assess risk. This includes evaluating whether a group’s presence could escalate tensions or compromise the safety of other patrons.

The statutory guidance under Section 182 of the Act reinforces this, stating that licence conditions must be tailored to the individual premises and that operators cannot be held responsible for customer behaviour once they leave the premises.

A call for industry support and clarity

The statutory guidance under Section 182 of the Licensing Act 2003 emphasises that licensing decisions must be proportionate and tailored to the premises. Operators are encouraged to document incidents and decisions to demonstrate compliance with licensing objectives and avoid liability in appeals or judicial reviews.

The Manor Farm incident highlights the need for clarity for operators navigating complex social dynamics, in particular:

1. Clearer guidance on managing politically charged situations
2. Enhanced training on identifying and responding to public order risks
3. Legal protections for staff facing abuse while enforcing licensing conditions
4. Operators are not arbiters of patriotism – they are custodians of public safety. Their decisions must be respected when made in good faith and in line with the law.

Practical tips for operators:

• Train staff to recognise signs of intoxication and disorder.
• Keep incident logs to justify refusals including time, behaviour observed, staff actions and retain any CCTV footage.
• Apply dress codes and search policies consistently.
• Avoid refusals based on political symbols unless linked to behaviour.
• Consult your premises licence for specific conditions.

Standing firm on licensing principles

Political tensions increasingly spill into public spaces and operators must be equipped not only with legal knowledge but also with the confidence to act decisively and fairly. Industry bodies and licensing authorities are increasingly working together to provide clearer frameworks for managing such incidents, ensuring that frontline staff are supported in upholding the law.