Bouncers can be intimidating figures. Therefore, it is important that you know what their legal powers are.

What are bouncers?

Bouncers are employed by a venue to help keep patrons and the property safe. In their role, they usually monitor exits, ask for identification, and escort people from the property. They are licensed security operatives. That licencing is administered by the State of NSW.

However, a bouncer must oblige by their powers and your rights. If they use excessive force in their capacity, you might be able to claim compensation.

Do bouncers have the same rights as the police?

While they work in an official capacity and wear uniforms, they don't have the same powers as the police. Below, we will explain bouncer's powers and your rights.

Do I have to give a bouncer my personal information?

Legally, you don't have to give your personal information. However, bouncers might refuse you entry if you do not show your identification. In addition, you might need to if you are purchasing alcohol and they believe you are under 18.

Also, a security officer can demand your name and address if you illegally trespass on private property. If you refuse to do so, they can charge you.

Can a bouncer refuse entry?

Yes, a bouncer can refuse you entry to a property. Their job is to protect the property and those inside.

They might refuse your entry for several reasons. For example;

  • The venue previously banned you,
  • If you are behaving in a hostile manner,
  • You are too intoxicated,
  • They believe you might cause trouble.

However, a bouncer cannot refuse entry based on discriminative reasons. These include decisions based on age, disability, gender, race, religion, or sexual orientation. To do so is illegal.

Can a bouncer search me?

If you refuse a search, they can't search you. However, they can then refuse your entry if you do not consent to a search.

Can a bouncer use reasonable force?

Yes, if you need to be removed from the property, a bouncer can use reasonable force. Additionally, if you resist the removal, or refuse in any way to be escorted from the property, police can charge you with trespassing.

What is reasonable force for a bouncer?

What is considered reasonable force is another story. The required force will depend on individual factors of the situation.

For example;

  • The bouncer should measure the severity of the situation and respond accordingly with appropriate force,
  • A bouncer should consider the risk to other patrons and the property,
  • They should also have exhausted all other non-physical options,

However, the physical force must not result in a medical injury.

Can a bouncer touch me?

Yes, a bouncer can touch you if they are upholding a venue's rules. A bouncer may touch you when they are removing you from the property. These powers are a part of the legislative requirements in Liquor Act 1992.

Can a bouncer arrest you?

If a bouncer believes you are committing a crime, they can arrest you.

However, this is the same as a citizens arrest. Therefore, they can only use reasonable force to detain you. The arrest is unlawful if they use excessive force.

If they do arrest you, they must inform you they are doing so and for what reason. After, they must either call the police or bring you to a police officer.

In many cases, bouncers in Australia have used excessive force which resulted in serious injuries.

What does a bouncer owe you?

On the other hand, a bouncer does owe you obligations as a patron. The Liquor Act 1992 states that a bouncer must oblige to keep patrons safe from others whilst on the property.

Additionally, bouncers have extra obligations for paid entrants under Australian Consumer Law.

Claiming compensation against a bouncer

If you have been physically assaulted by a bouncer, you might be able to claim compensation. If you are suffering wage loss or require medical treatment , please get in touch today. We provide a free consultation with our civil lawyers. We can help you make a claim against a security company, pub, or nightclub.

If you believe that a bouncer failed to protect you from other patrons, you can try to claim compensation against their employer.