Source
r/AusLegal•
rdkls

Can a pub mandate that patrons don’t lean back on chairs?

VIC

I was leaning back on a chair in the pub, with the front two legs off the ground, and a staff member told me not to, with unprecedented rudeness. I said I’m not sure you can mandate that, they got quite aggressive, and I said fuck it I’ll put the chair down. But the question is, can a venue mandate that?

Edit: Because of a lot of negativity around “mandate”, the question was “legally enforce”. Which I think has been answered. Kind of surprised there’s so much negativity here.

Posted Jul 28, 2022, 11:20 AM UTC · edited · locked

023
send_happiness•

Yes. They can also kick you out if you don't like it or continue after being told not to.

36
rdklsOP•

Thanks, I think this is the only answer I needed; being a private venue they can legally ask anybody to leave at any time, the only reason not to do so would be reputational or loss of business.

3†
send_happiness•

A wise person never pisses off their bartender.

14
[deleted]•

[removed]

1
snoreasaurus3553•

Is this satire?

It's not "mandating", it's stopping their patrons from behaving like gronks and injuring themselves on their premises.

33
GCRedditor136•

Or just damaging the chair.

15
rdklsOP•

Hardly think leaning back on a chair is “behaving like a gronk”; It’s right above clinking glasses in dangerousness.

-12
snoreasaurus3553•

Sure mate, keep telling yourself that. All it takes is for you to fall back and hit your head or you damage the chair, both scenarios the publican doesn't want to have to deal with.

It's similar to pubs or nightclubs not allowing glass on the dancefloor, there's no actual law etc saying you can't, but as the manager of the premises, they reserve the right to set rules to ensure the safety of their patrons, staff and assets.

7
rdklsOP•

Good analogy, I do still believe on the continuum of “don’t do anything at all lest you injure yourself” to “do every dangerous thing”, policing leaning back on a chair is much more the former and I’ve never seen in asked before.

-7
snoreasaurus3553•

Well when you own your own pub, feel free to let your patrons do whatever they want on the chairs then.

7
morgrimmoon•

Pubs tend to have drunk, uncoordinated people in them. Even if you're sober and the owners decided you could be trusted to keep your balance, they can't guarantee that a drunk person won't stumble into your chair and knock it over, hurting one or both of you. So it could be argued by a personal injury lawyer that the pub has a duty of care to prevent the 'hazard' caused by not using a chair in a 'safe' way.

In a more pragmatic concern, most venues work out the best distance between tables to let the waitstaff do their job while still packing in as many patrons as possible. When you lean back in your chair, you obstruct the walkway and make it harder for the staff to do their jobs, so they can reasonably ask you to stop.

6
petergaskin814•

Would you sue the pub if you fell and hurt yourself while leaning back in your chair. Probably yes. So why wouldn't they ask you to not endanger your health?

18
rdklsOP•

There’s a reasonable limit to which the duty of care to patrons extends; if someone goes in and engages in dangerous behaviour which the venue couldn’t reasonably be expected to prevent e.g. jumping on a table and dancing, the patron would have very little grounds to sue.

The question is how far does this duty extend; how much can a venue regulate visitors behaviour citing duty of care.

In my case personally, if I did injure myself while leaning back, honestly no I wouldn’t sue, I don’t think someone doing that is entitled to compensation from a venue and I’d expect most people to do similar.

-7
Jcs456•

What is a 9 year doing in a pub in the first place?

They can't really "mandate" that you don't swing on your chair, but they can also ask you leave at any time the they feel like. Like if for example you were asked not to do something and you carried on like a spoilt child.

It is also an offence for a person who is drunk, violent or quarrelsome must not refuse or fail to leave licensed premises if requested to do so. The penalty notice is somewhere north of $1000.00

17
rdklsOP•

That’s great because I was completely sober and not quarrelsome in the least, simply questioning if they had the power or reason to demand such.

-8
LowFunctioningAlco•

I love how the word "mandate" has become a real catchall for fools that don't like being told what to do.

8
senortaco88•

Fuck around and find out?

7
rdklsOP•

Thanks lol

-2
ExaBrain•

It’s not a mandate like a vaccine mandate so using that phrase makes you look like a tool.

A private venue can determine what is appropriate behaviour especially with regard to use of their materials and assets and are within their rights to not only tell you to behave appropriately but also kick you out if you don’t.

6
rdklsOP•

Hey ease up on the insults it’s a legal question, and I’m after actually legality on that which I think has been answered.

-2
ExaBrain•

So you want nothing but legal advice which is why you mention their “rudeness”, you saying “fuck it” and on their ability to “mandate” what you should be doing?

You need to grow up.

8
beamthememezxd•

This is a real human.

1
JudgeDredd-AusMOD•

Locked. Answered.

1