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Banning A Potential Mental Ill Person

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OldChestNuts | 20:36 Tue 13th Sep 2022 | Law
13 Answers
If a person goes into a shop and creating disturbances to customers and staff by swearing, shouting acting erratically. Could this person be banned from a shop? A shop keeper asked for advise. Tried to call the police and they are not interested.
The shop keeper is afraid of asking this mental ill person to leave/banning him as he may kick off and becomes violent.
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Question Author
The shop keeper also concerned that whether the banning breaches the discrimination or disability law. The person in question has a high degree of mental disorder, this is the reason why the police doesn't wants to get involve.
If your friend is banning the person from the shop because of his disruptive behaviour then that is legal.

If he was to attempt to ban a well-behaved person due to the fact that they have, for example, schizophrenia then that would not be legal.
^^^ Neatly summarised by Wolfie, I feel.

I've worked in a pub where the boss banned a guy in a wheelchair from the premises. However he didn't do so because the guy was in a wheelchair but because he was shouting abuse at people and hitting them with his crutches. So the removal and ban was perfectly lawful.
PS: Similarly, when I worked on the railways, there was a guy in a wheelchair who was banned from travelling on our trains. The ban was lawful because it didn't directly relate to his disability but instead to his appalling personal hygiene.
Question Author
Thanks for all the replies.
I shop keeper already asked the person to leave and won't serve him next time. So hopefully he doesn't goes into the shop again.
Question Author
Thanks for all the replies.
The shop keeper already asked the person to leave and won't serve him next time. So hopefully he doesn't goes into the shop again.
Question Author
The shop keeper today faced with the same person. Trying to get served. But the shop keeper refised and kindly asked to leave. The potential mental person started to kick off and shout loudly that the food has nail! If the food has nail the complaint should have been complaint two weeks ago and not today. Other customers nearby observed the scenes and these customer seen his behavior exactly two weeks ago when he went mental. So the customers told other costiwmrs that the mental is retaliating by saying food got nail after he was banned. He also threated then shop keeper that he will report to the trading standard. The shop keeper asked him to please go ahead as other customers can witness the episode when he was banned two weeks ago.
‘potential mental person’

What the heck does that even mean?
Question Author
"Potential" because an ordinary person is not qualified to diagnosed whether this person is mental or not. However, his behavior is abnormal.
And ‘mental’?
I once banned someone from my business premises because he stunk to high heaven. The smell was absolutely unreal. He didn't argue, so I think he must have been barred from many other premises.

You are legally entitled to ban someone without giving a reason.
I think he has to steel himself for the first few times
then it becomes
No no you cant come in here !
because the accusation of nails and mouse droppings
will interfere with what the shop-keeper is there for - to sell the produce.

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