Can a pub refuse to serve you? Yes, sometimes it has to: the UK law in plain English, from behind the bar

Yes, a pub can refuse to serve you, and in some cases the law says it has to. Licensees have a common law right to refuse entry or service to anyone, for any reason that isn't unlawful, and they don't have to explain it. They must refuse alcohol to anyone who's drunk or under 18, or anyone buying for them. What they can't do is refuse because of who you are: race, sex, disability, religion, sexual orientation and the rest of the Equality Act list.

That's the whole thing in one paragraph. But I've been on both ends of the conversation enough times to know the paragraph doesn't help much at 10.45 on a Saturday with someone swaying at the bar insisting they're fine. So here's what the law actually says, section by section, what it costs you if you get it wrong, and how I'd say no without it turning into a scene.

The right to refuse: a pub isn't a public place

This is the bit customers get wrong. A licensing solicitor writing in the Morning Advertiser put it in one line: "A public house is not a public place and so the public cannot insist on being there." It's private premises that invites people in. You can refuse entry or service to anyone you choose, as long as the reason isn't unlawful.

You don't have to give a reason. I'd usually give a short, calm one anyway, because "you've had enough tonight, mate" ends more arguments than silence does. But legally, "not tonight" is enough.

When you must refuse

Some refusals aren't a choice. Get these wrong and it's your money and your licence.

Situation	The law (England and Wales)	Who's liable	Maximum fine
Selling to someone who's drunk	Licensing Act 2003, s141: knowingly selling, attempting to sell or allowing a sale to a drunk person	Whoever served, the premises licence holder, the DPS	£1,000 (level 3)
A mate buying for someone who's drunk	s142: knowingly obtaining alcohol on the premises for a drunk person to drink there	The person buying	£1,000 (level 3)
Selling to under-18s, or adults buying for them	Sale to children and proxy purchase rules, plus your mandatory age verification condition	Server, licence holder	£90 penalty notice for the server; up to £20,000 for persistent selling
Drunk or disorderly and won't leave	s143: failing to leave when asked by staff or police, or trying to come back in	The customer	£200 (level 1)

The under-18 side has its own guide, because the ID rules changed in September: see Challenge 25 policy.

Look at who's on the hook for s141. Not just whoever pulled the pint. The licence holder and the DPS too. And a conviction is the kind of thing that ends up in front of the licensing committee at a review. That's why "they seemed alright to me" isn't a defence you want to be relying on.

Put the £1,000 in pints. At about £2.45 of gross profit on a £5.34 pint, it's 408 pints of profit to pay one fine, before the solicitor and before anything happens to the licence. Against that, a soft drink on the house to turn someone onto lemonade costs you about 54p. I know which one I'd rather pay.

When you can't refuse: the Equality Act

The Equality Act 2010 says anyone providing a service to the public must not discriminate against someone by not providing it, by providing it on worse terms, by stopping it, or by harassing them. For a pub, that means you can't refuse someone, or serve them differently, because of one of these protected characteristics (marriage and civil partnership, the ninth one, doesn't apply to services):

• age (but this protection only covers adults, so the under-18 rules come first)
• disability
• gender reassignment
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

The traps I see aren't usually the obvious ones. They're the things that look like a reasonable call and aren't:

• "They seem drunk" when it's a disability. Slurred speech, unsteadiness and confusion can come from a medical condition. You're allowed to refuse a drunk person and you have to. You're not allowed to refuse someone because of a condition that makes them look drunk. Talk to them before you decide.
• Turning away an assistance dog under a no-dogs rule. That's a disability issue, not a dog issue.
• A blanket rule that hits one group, like a dress code that bans a religious head covering. Rules have to apply fairly.

A refusal for a lawful reason is still lawful if the person happens to have a protected characteristic. A known troublemaker is a known troublemaker. The question is always: why did I refuse? Write it down.

Asking someone to leave

If someone's drunk or disorderly and won't go when you ask, s143 makes it their offence, not yours, and it says the police must help remove them if you ask. If they're not drunk or disorderly and you just want them gone, they become a trespasser once they've had a fair chance to leave.

Don't let that turn into a wrestling match. The law protects you better than your arms do. Ask once, clearly. Ask again with a witness. Then ring the police and let s143 do the work. Every one of those steps goes in the incident book the same night.

One thing worth remembering from the safeguarding side: the Morning Advertiser's legal Q&A makes the point that a drunk young person on their own may be safer inside while you help them find their friends or get a taxi. Refusing alcohol doesn't mean putting someone vulnerable out on the street. Water's free, and in England, Wales and Scotland it has to be (tap water guide).

Scotland is close but not identical

The Licensing (Scotland) Act 2005 has its own versions: s112 makes it an offence to get alcohol for a drunk person or help them drink it, s115 covers drunk and disorderly conduct (and makes it an offence for the responsible person to allow drunkenness on the premises), and s116 makes refusing to leave an offence for anyone behaving in a disorderly way, or for anyone after licensed hours finish. If you're north of the border, check the Scottish sections, not the English ones.

How I'd say no without starting a fight

The law's the easy bit. Saying no to a regular who's had six pints and thinks he's had three is the hard bit. What works for me:

1. Say it early. The refusal that's easy is the one you make a drink earlier than you'd like to. Wait until they're properly gone and it's a row.
2. Make it about the law, not them. "I'd get fined, not you, mate. Have a lemonade on me and I'll see you tomorrow." It's true, and it lets them keep their dignity.
3. Same answer from everyone. If one person on the bar says no and the next says yes, you've got a refusal that means nothing. Back whoever made the call, even if you'd have done it differently.
4. Never in front of a crowd if you can help it. Quiet word, end of the bar.
5. Write it down. Date, time, what you saw, who refused, what happened next. A refusals log that shows you say no regularly is the best evidence you've got that you run a tight ship if a sale is ever questioned.

Here's the idea I'd add that I've never seen anyone write about: put a three-line refusal script on a card behind the till, next to the Challenge 25 notice. "You've had enough for tonight. It's my licence on the line, not yours. Soft drink's on me." New staff, relief managers and the Saturday lad who's eighteen himself all freeze at the same moment, and a script means nobody has to make it up under pressure. It costs nothing and it makes the refusal the pub's, not the person's.

And if someone's barred, tell the whole team and, if you're in one, your local Pubwatch. A ban only works if the next shift knows about it.

This is a licensee's plain-English reading of the law, not legal advice. Your licensing team or a licensing solicitor has the final word on anything specific.

Common questions

Can a pub refuse to serve you for no reason?

Yes. A pub has a common law right to refuse entry or service to anyone, and it doesn't have to give a reason. What it can't do is refuse for an unlawful reason, such as your race, sex, disability, religion or sexual orientation, which is discrimination under the Equality Act 2010.

Is it illegal for a pub to serve a drunk person?

Yes, in England and Wales. Under section 141 of the Licensing Act 2003 it's an offence to knowingly sell alcohol to someone who is drunk, or allow it to be sold. It applies to the person serving, the premises licence holder and the DPS, with a fine of up to £1,000 (level 3).

Do I have to leave a pub if asked?

If you're drunk or disorderly, refusing to leave when the staff or the police ask is an offence under section 143 of the Licensing Act 2003, with a fine of up to £200, and the police must help remove you if the pub asks. Anyone else asked to leave is a trespasser once they've had reasonable time to go.

Can a pub refuse to serve me if I'm buying for someone else?

Yes, and it must if it thinks the drink is for someone who is drunk or under 18. Buying alcohol on licensed premises for a drunk person is an offence under section 142 of the Licensing Act 2003.

Can a pub ban me?

Yes. A pub can ban anyone for a lawful reason, and many share bans through a local Pubwatch scheme. A ban can't be based on a protected characteristic under the Equality Act.