A 21-year-old man has been left with injuries after being dragged out of a pub by security guards, with videos of the incident revealing he was pushed to the ground and flipped.
Whilst Brandon Jenner claims that the security guards were heavy handed towards him, the pub has stood by the security guards involved instead stating that he was the aggressive one.
The incident occurred during New Years Eve celebrations at O'Donoghues Irish Pub in Emu Plains.
Jenner claimed that he: "couldn't breathe at all,"
He noted that he was "genuinely going to pass out, and I didn't know when they were going to stop...I was tapping the guy's hand...I couldn't say anything."
The 21-year-old even told the media that he believed he was going to die there.
He was at the pub with his girlfriend for four hours before staff approached the pair minutes after the midnight countdown.
Whilst he admitted to having around 8 drinks, he maintains he was not causing any trouble at the premises.
The pub however claims that: "when the man was asked to leave the venue, he became violent, assaulting venue staff and security."
Jenner was tackled to the ground by security guards, with onlookers filming the encounter due to their shock at the force involved.
After he was kicked out, staff at the pub advised him it was due to reports of him assaulting another patron – a claim which Jenner vehemently denies.
Videos of the security guards show them forcing Jenner to the ground, placing their weight on him, as well as picking him up, flipping him, and placing him in a headlock.
It also appears that at one stage, whilst he was stationary on the ground, a guard took off Jenner's shoe before using it to hit him on the back. After the incident, Jenner was left with cuts and bruises.
Police are investigating to determine whether any party should be charged.
WHAT POWERS DO SECURITY GUARDS HAVE IN NSW?
It is important to note that security guards do not have the same powers as police.
However, security guards will generally have the power to:
- Require you to provide your identification in licensed venues,
- Prevent you from entering a certain premises (i.e., if you are intoxicated or being disorderly),
- Remove you from a certain premises.
Furthermore, whilst a security guard requires your consent to perform a search on you or your belongings, it may be a condition of entry at a venue.
This means that whilst you are not necessarily required to provide your permission, if you do not, there is a risk that you will be refused entry and asked to leave.
Notably, security guards are able to utilise such reasonable degree of force as may be necessary to remove a person from a licensed premises.
Whether a use of force will be deemed reasonable depends on a multitude of factors, including whether the subject is resisting or being violent, as well as their relative size and health.
Security guards will also have to consider non-physical measures, having regard to the safety of other patrons in the vicinity.
Section 77 of the Liquor Act 2007 (NSW) provides that an authorised person may refuse to admit to, or may turn out of, a licensed premises any person who:
- is at the time 'intoxicated, violent, quarrelsome, or disorderly',
- smokes while on any part of the licensed premises that is a smoke-free area, or
- uses, or has in their possession, while on the premises any substance that the authorised person suspects of being a prohibited plant or drug.
Other grounds for refusal of entry or removal include where a person's presence on the licensed premises renders the licensee liable to a penalty under the Liquor Act 2007 (NSW), or where the authorised person, under the conditions of the licence or according to a term of a liquor accord, is authorised or required to refuse access to a person to the licensed premises.
The term 'authorised person' refers to a liquor licensee as well as their employees and agents (i.e., security guards) or police officers.
It is an offence for a person who has been refused admission to, or turned out of, a licensed premise to re-enter (or attempt to) within 24 hours of being refused admission or being turned out.
It is also an offence to remain in the vicinity of the premises or re-enter the vicinity of the premises within 6 hours of being refused admission or being turned out.
The 'vicinity' refers to any place less than 50 metres from any point on the boundary of the premises.
A defence will include where a person has a reasonable excuse for remaining in, or re-entering, the vicinity of the licensed premises.
The Act prescribes that a reasonable excuse will include where the person:
- reasonably fears for their safety if they do not remain in, or re-enter, the vicinity of the premises,
- needs to remain in, or re-enter, the vicinity of the premises to obtain transport, or
- resides in the vicinity of the premises.
The burden of proving the existence of a reasonable excuse is on the person charged.
The maximum penalty applicable to all offences outlined is a fine of $5,500.
