The Role and Duties of Bouncers
In contrast to many job descriptions that are expansive and difficult to fully embrace, bouncers and doormen are often quite specific about their responsibilities and literally spell out what they can do, and what is off limits.
Although most tend to think of bouncers as the bruisers who protect clubs, bars, and entertainment venues, their responsibilities also include checking IDs at the door, making sure only those who are eligible to enter can do so, and acting as the centers of reference for both patrons and staff. In fact, in most venues, it is the doormen who take care of everything from turning away ID checkers and reaping the overwhelming majority of the derision, scorn, and, on occasion, physical violence that might otherwise be directed at them or their employer. In addition, the monitors who pat down approaching patrons for weapons and drugs, and who are responsible for identifying drunk people before they become a problem, are often assigned to much quieter areas of the bar, club, or venue. These locations, generally behind or near the bar, make it easy for these monitors to visually identify intoxicated patrons who might otherwise be missed. Although those sent to check IDs, turn away those without them, and handle intoxicated individuals have a harder job than they are frequently given credit for, bouncers are far more likely to take the heat than their colleagues on the other side of the bar.
While most bars, clubs, and entertainment venues cannot afford to pay for the services of bouncers, doormen, and ID checkers, many such venues are required to hire them as part of their responsibility to keep clients safe. These venues , especially those that serve alcohol or enter the age-restricted nightlife space, cannot expect clientele to take responsibility for their own safety, and, at the same time, there is no way for a venue to ask clients to not drink to excess or to never overindulge.
Although bouncers are authorized to perform many security functions, doing so is often discouraged by both industry leaders and authorities who consider such actions to be an attempt at playing the role of police officers. The problem, of course, is that, to some degree, this is exactly what bouncers do. Although many venues have private security forces, keeping patrons safe in a bar or club is an essential function of a bouncer. To this end, bouncers are said to have broad responsibility for preserving the safety of individuals in locations under their supervision.
While this sounds simple and even obvious, it is not always the case. For example, if a fight breaks out between two patrons and one of them refuses to leave when they are asked to do so by security, bouncers are free to employ additional means to remove a person who is endangering individuals — whether intentionally or not. This does not mean that a bouncer can (or should) strike a client, yet they may use legally sanctioned aerial, arm-bar holds to escort a patron from the premises, and they do have other options, including summoning local law enforcement if needed.
Recognizing how these limitations define what a bouncer is allowed to do, and how they may safely perform their jobs, can be essential for ensuring that venues, patrons, and a bouncer herself are not put at risk from physical conflicts and other issues at bars and nightclubs.
Legal Authority – What Can Bouncers Do?
As previously discussed in a self-defence action involving bouncers, the law supports the role of a bouncer when they are acting lawfully in carrying out their duties. Bouncers also need to be aware of the extent of their legal powers as part of their role. Bouncers’ primary role is to ensure that any licensing conditions attached to the venue they are employed at are carried out. In addition, whilst they are not employed as the police force they may become involved in any criminal or unlawful acts taking place within the venue. This includes the power of ‘search and seizure.’ Members of the security team should exercise common sense with regard to power of search and seizure. It is a misconception that a bouncer has the power to carry out searches and seizures in a licensed venue regardless of whether the person concerned is attempting to gain entry to the venue. Under Sections 80-83 of the Licensing Act 2003, licensed premises may have appropriate conditions attached in order to best ensure the objective of promoting the licensing objectives. This includes ensuring that any drunken person is not permitted entry into the premises. The reasonable suspicion of drunkenness will give the bouncer power to deny entry of that person into the venue. A licensed venue may impose a dress code upon its guests. Under Section 146 of the Licensing Act 2003, the licensee may impose conditions relating to dress codes and other restrictions for entry to the premises. A licensee may be entitled to refuse entry to those who have contravened the imposed dress code. In a similar fashion, if the licensee permits children into a premises as part of the conditions of the license, then the assigned bouncers will be entitled to remove those underage from the premises if they are causing a nuisance to those present. This license provision will also apply if the group of underage patrons had a particular disruptive behaviour such as loud music or blocking access to an emergency exit. It is, however, essential to remember that a licensee can change the provisions under which a premise operates and it is the bouncers’ duty to ensure that they are familiar with the licensing provisions which apply to their employer.
Use of Force – When and How Much Force is Permissible?
The use of physical force may be permissible and appropriate when dealing with potential lawbreaking and the prevention of injury to a person, or significant property damage. With the rise of violence in and around bars, bouncers and bar management’s protection of patrons and employees from the potential for injury is key to keeping local law enforcement out of their premises. Physically removing an unruly, violent or intoxicated patron in most cases requires some amount of use of force since the person does not want to leave the premises. Verbal request alone without the support of a physical removal is not effective and can be dangerous if that person were to become aggressive in nature. Physical removal is often necessary and permissible, but the use of that force must be reasonable under the law. Balance is required; the force used to remove the harmful person from the property must not exceed the necessary force to effectuate removal.
Resolving Conflicts and Ejecting Persons from the Premises
When faced with a conflict, bouncers should first attempt to resolve the situation verbally. If verbal attempts fail, or if the circumstances become dangerous, a bouncer may physically remove a patron in accordance with the venue’s house rules. The "reasonable person" standard applies to both types of removal, meaning that a reasonable bouncer would have acted in the same way under the same or similar circumstances. Therefore, if a bouncer resorts to the use of physical force, there must appear to be a legitimate reason for why it was necessary, outside of ejecting the patron from the premises. If a verbal warning can de-escalate the conflict compellingly, a bouncer is better off avoiding the use of force. The usage of force during disturbance management can be separated into two categories: soft techniques and hard techniques. Soft techniques include utilizing verbal conflict resolution, practicing crowd control, breaking up fights using soft techniques , and practicing crisis intervention skills. Hard techniques involve utilizing physical techniques to break up fights, as well as emergency restraint and control. These techniques should never be used unless there is no other option. If video recording devices are available and can be turned on discreetly, they should be used. A video can make all the difference between claiming an act of self-defense and claiming assault, and a bouncer may attempt to turn on a recording device in accordance with venue policies at an opportune moment while attempting to resolve a conflict. Having your own video evidence can help you document a responding officer’s actions to settle the fight, or when the police arrive following an altercation. Furthermore, all incidents should be documented as soon as possible following the conflict, which should include what caused the investigation after the fact. By neglecting to document an event, an individual bouncer may risk being engaged with the legal system for a longer period than necessary.
Legal Repercussions of Using Power Beyond Authority
The legal consequences of overstepping authority can vary depending on the severity of the situation, with potential legal actions against the bouncer and/or the establishment. In situations where bouncers have used excessive force or have engaged in racial or other discriminatory profiling, they (and/or the establishment) may be vulnerable to lawsuits, as a jury may find that the force or treatment was unreasonable in a number of ways. For example, in Dumitru v. Ceni, 578 F. Supp. 2d 385 (E.D.N.Y. 2008), the plaintiff sued a nightclub, claiming to have been injured by a bouncer who had tackled him from behind. The court rejected the nightclub’s arguments, noting that summary judgment was not appropriate in this case because there was a material question of fact regarding the amount of force used. "To the extent that defendants claim plaintiff posed a threat to defendants, there is a dispute as to the reasonableness of the force used under the circumstances and it is for a jury to decide."
Also, in DiPlacido v. City of New York, 09 Civ. 4204 (PAC) (S.D.N.Y. Jan. 13, 2011), the plaintiff sued a nightclub for due process violations and excessive force. There was an issue that plaintiff may have been racially profiled, but a jury may find that excessive force was used regardless.
Training and Compliance for Bouncers
Training Programs for Bouncers
Regulating the capacity of nightclubs and the enforcement of codes of conduct for patrons is the responsibility of management. Nightclubs typically conduct training programs for their employees to ensure that customers are entering and remaining safe within the premises. This includes bouncers being trained to monitor the behaviour of patrons and in serious situations, to control their behaviour to ensure that other patrons remain safe .
Bouncers must also be familiar with and follow the Code of Conduct provided by their employers so they do not exceed their authority with patrons and in turn, cause damage or result in claims against employers for such actions.
Training programs that are run by the clubs and its managers for their workers (including bouncers) could consist of the following:
The implementation of a well-structured training program helps to manage the duties that bouncers must perform and how the role should be performed to ensure that the bouncers’ legal rights and obligations are understood.