Clubbing and Bar Complaints
Every once in a while someone will have a negative experience in and around the bars and nightclubs in Leeds. This can be caused by a variety of things from poor service, to physical intimidation and many other aspects which can affect a great night out.
On many occasions this can be down to the individual or outside forces but sometimes it is the venue that is at fault. Where this is the case we’re here to help. On this page you will find the best ways to approach making a complaint to a bar or night club, the rules as they apply to bars, clubs and you, a lists of do’s and don’ts to ensure that your night ends the right way & a list of useful contact numbers and emails that you may need, just in case.
Making a Complaint
Making a complaint is your right if you feel that there has been a failure in some process or standard, or an unjust decision made regarding an incident you are involved in. However, this is not always easy to do especially on the night as you will most likely be intoxicated and this could impair your judgement of the situation, as well as your ability to communicate the issue effectively. If you do complain on the night there are some simple rules to follow:
- Stay calm! Most bars and venues run a zero tolerance policy to aggressive behaviour towards staff and customers. If the staff member feels that they are at risk or that you may become violent you will most likely be asked to leave or removed from the premises and any validity to your complaint will be dismissed instantly.
- Ask to see someone in charge. All licensed operations will have someone senior who is responsible for the operation of that bar and responsible for the licensable activity. Dependent on the level or nature of the complaint it may need to be escalated to someone more senior. They should have the authority to deal with most complaints or compliance issues.
- Be Patient. Making a complaint may not be an instantaneous process. Bars and night clubs can be busy places and key staff are generally engaged in dealing with the continuously changing, high volume environment so it may take some time for them to get to you. Be prepared to wait, but don’t be afraid to check back if the wait has been unusually long, busy people do forget!
- Get Names. Wherever possible you should introduce yourself to the person who you’re making the complaint to and also get their name in return. This will help to build a common understanding as well as give you a direct point of contact if any further action needs to be taken.
- Leave Details. Make sure you offer to leave your details if you are expecting a follow up as this will emphasize that you take the complaint seriously and that you intend to follow up the complaint if no action is taken.
- Accept the decision. Whether or not you feel the decision is correct once it has been made it will most likely be final. Continuing to force the issue will most likely lead to you being asked to leave or removed from the premises instead of enjoying the rest of your night with your friends. You can always follow up the complaint more formally at a later date if you feel the decision was unjust.
It’s always best to raise the complaint on the night as many complaints can’t be dealt with or become more difficult to follow up on if they are left for too long.
If you feel the decision was unjust, was not dealt with or you wish to make a complaint after the fact then you can follow it up via a phone call, email or formal letter within the next few days; remember, the sooner the better. If you decide to do this the first port of call should be the bar or nightclub itself. Most bars will have a website specifically for them and will generally be in the top ten local Google search.
Making a complaint via phone.
If you decide to contact the bar or nightclub by phone you should be able to find the contact details in the ‘contact us’ page of their website. Here are the key things to remember:
- Make notes before you call. It may be best to write down the details of the incident prior to making the complaint so that you have notes to hand to aid your memory. Remember to record any names that you have, whether or not you raised the complaint on the night, if you felt it was not dealt with correctly and any other important details. The more information you have the easier it is for the venues management team to help you.
- Make notes during the call. Write down what is said from their side, get as much detail as possible including names of who you are speaking to, any explanation or action they are taking and what their policies are regarding this type of incident.
- Agree time frames. Once the complaint has been made you should agree a time frame for them to get back in contact with you with an outcome or decision on the complaint.
Please remember that most bars and nightclubs are late night venues and have a small staff team, so there may not be someone there at 9.00am, be prepared to phone at a variety of times in order to get hold of the correct person. At this point you will have to wait for an outcome from the venue which should be within the agreed time frame.
Making a complaint via email or letter
Again most venues will have their email or actual address on their ‘contact us’ page on their website. Once you get this the following should be included in the complaint letter:
- Your contact details. Sounds simple, but you will be surprised how many people forget to place contact details on their complaints so don’t let this happen to you.
- Date the letter. If you write a complaint ensure you date the letter so this can be used in the future to track the length of time the complaint has taken to be resolved.
- Use the right language. Ensure that what you say is in a professional and enquiring tone. Don’t use bad language or threats unless it is a direct quote of the language used towards you by staff at the venue.
- Details, Details, Details. The more information the better. Make sure you tell the truth, the whole truth and nothing but the truth! Even a slight embellishment can undermine your complaint no matter how genuine or legitimate it is.
- Ask questions in your email. Questions make people think that there is a need for a reply so ensure you ask for things such as their policy regarding such situations, and how their staff are trained to deal with the situation that you are describing.
- Sum up what you expect to hear from them. Make sure you clearly state what response you are expecting back from the venue as this makes it easier for the venue to deal with your complaint.
- Set a deadline for a reply.When summing up ensure you set a timeframe in which you expect to hear back. A reasonable time frame is 14 – 21 days but you may have to wait as long as 28 days in some cases.
- Ensure you keep a copy. Keep a record of all your dealings with the venue as it will come in handy if the complaint takes a long time to be resolved or escalates.
If your complaint is ignored
If your complaint is ignored or disregarded then it is down to you what action you take. You can either vote with your feet or take the complaint further. Many venues are part of larger operations and you can escalate the complaint to these parties. Again if they are part of a larger organisation the contact details of the Head Office will most likely be on the ‘contact us’ page of their website. This will most likely come under the section head office contact or the name of the group, when escalating the complaint you should do the following:
- Know who to send it to. Large corporations will most likely have a customer service / complaints department and you should address your letter or email there, but smaller ones may not, so it is best to address this to the HR Department as they will know who is directly responsible for this venue and it can be passed on to the correct person.
- Include all your previous correspondence. Your complaint has already been logged so there is no need to re-write all of your correspondence. Simply forward this with a cover letter explaining that you feel your complaint has been ignored and you are escalating it seeking resolution, again setting a time frame in which you expect a reply. You should expect to wait 28 days at this level as many customer care policies run to this time frame. You should normally get a reply within seven days to say they have got your complaint and it is being investigated.
Once this has been completed you can only wait for a reply. If this is not forthcoming then unless your complaint is in breach of any legislation then there is not much more that can be done.
Rules that apply to licensed premises
There are many different pieces of legislation that apply to bars and venues along with a variety of Acts and responsible bodies that enforce them. We are not going to bore you with all the legislation but here are a few key areas that you should know.
Entry to licensed premises
Security staff and venue management reserve the right to refuse entry to their premises. This can be for any number of reasons and they do not have to give you a reason for their refusal. This also applies if you have a ticket to a venue or an event, details of this can generally be found in the terms and conditions on the ticket or the website of the venue.
The Security Industry Act
The Security Industry Act 2003 or SIA is the responsible body that regulates security staff in the UK. All security staff in the UK must be accredited in some way through the SIA, this includes door staff or ‘bouncers’. All staff should have a badge that is clearly displayed on their person at all times when on duty. Security staff are not obliged to give out their names to you but they are obliged to give you their 16 digit SIA badge number if you wish to make a complaint against them. However on many occasions they will refuse to do this as it can lead to their badge being suspended if a serious complaint is made. If this occurs you can report the incident directly to the SIA via their website stating the venue where they worked and the incident that has occurred. The SIA will then contact you to follow up. As with all complaints start with the venue first as in many cases this will be the most effective way of getting a swift outcome.
If you feel that the security team have committed an assault or are involved in illegal activity the best course of action is to contact the police and allow them to deal with the incident. Remember though that the police’s time is valuable and if the claim is deemed unfounded you could be the one who gets in trouble.
Security staff are allowed to use necessary force to escort you from a licensed premise, this varies dependent on the nature of the incident but it must never be excessive. Due to the nature of this rule it creates a grey area but door staff do not have a license to assault you or physically remove you without provocation or warning. This response has to be appropriate and measured to the nature of the incident that they are dealing with. If you are involved in a physical altercation you will most likely be forcibly removed from the premises using physical means without warning as the priority will be the safety of the other customers and to deal with the disorder quickly and safely.
Weights and Measures
The Weights and Measures Act 1985 deals with quantities that alcohol can be sold in and how they are sold to the customer in venues which is enforced by the Trading Standards Agency. The key things to know are:
- Draught products (Lager, ciders or any product served from a tap or pump) must contain a minimum of 95% liquid. This means that when a pint is poured the head must be no more than 5% of the pint. If it is you are legally entitled to a top up. If this is refused then the law is being broken and a complaint can be made.
Gin, Whiskey, Vodka and Rum must be sold in measures of 25ml’s or 35ml’s or multiples thereof. Only one measure can be used at any one time so if you find a venue using both measures they are breaking the law. An example of this is a venue serving 25ml measures as standard and then claims to be serving you a double but serves you a 35ml measure this is a breach of the law.
Wine must be offered in 125ml measures and can be served in 175ml and 250ml measures. It must be measured out or poured into a measured glass that is government stamped.
Price Lists
All licensed premises must display an up to date price list. This must show the price of the product, the measure it is served in and the alcohol content of the product. This must be shown to you upon request.
Passing Off
Passing off is where one product is sold as another, for example Pepsi and Coke. It also can apply if a bar is selling an inferior product and “passing it off as a premium” for example a cheap vodka being sold in a Smirnoff Bottle or claiming to be Smirnoff. This is against the law and if you suspect this of happening should report it to the trading standards department.
Check 21
Most premises run a check 21 policy. This means that if you look under the age of 21 you will have to prove that you are over 18 to enter the premises. Some bars run check 25 schemes but this will be clearly displayed at the front door of the venue.
Valid ID
Valid forms of ID that are accepted as proof of age must have a good quality photograph that clearly identifies you, your date of birth clearly displayed and a detailed isometric hologram on it. Examples of these are Passports, UK Driving Licenses and Proof of Age schemes cards with a PASS logo such as Citizen Cards. If you cannot produce valid ID you will be refused entry or service in bars and venues.
Search policy
All venues have the right to ask you to submit to a search in order to gain entry to the premises. If you fail to comply you will most likely be refused entry. If weapons, alcohol or illegal substances are found on your person they will be confiscated and you will be refused entry and most likely detained and the police will be called.
Being drunk or purchasing drinks for someone who is drunk
This is an offence and if you are deemed to be drunk or attempting to buy drinks for someone who is drunk the Police can issue you a £85 on the spot fine. So… enjoy your night but not too much! If you are too drunk you will generally be escorted from the premises. However venues have a duty of care to ensure you are in a fit state to get home.
Pubwatch
All venues are in a pub watch scheme and are linked via a radio, if you commit an offence in one venue you can be barred from other venues around the city using this radio under the pub watch charter.
Best Bar None
Best Bar None is a scheme run by many Police bodies. Venues in the Best Bar None scheme have shown that they have exceptional standards and are compliant with all the rules and regulations regarding the industry. Bars that are accredited will have a plaque displayed outside their venue to signify this achievement and are considered good operators by the responsible agencies.
Contacting key organisations.
If you feel that some legislation has been breached and wish to contact any of the key agencies involved in licensing here are their details below:
Leeds City Council Entertainment Licensing
Contact them for general licensing issues. They will be able to assist or direct you to the correct department responsible for dealing with your complaint.
Tel: 0113 247 4095
Email:entertainment.licensing@leeds.gov.uk
Trading Standards
Contact them regarding Trading Standards offences such as Weights and Measures or passing off.
Tel: 0113 253 0241
Email:info@wyjs.org.uk
Best Bar None
Check out this website to get to find out the Best Bar None accreditied venues and other news.
Web:www.leedsbestbarnone.co.uk