What To Do If Someone Refuses To Leave Your Business Premises

Running a business in the UK comes with all sorts of day-to-day challenges - but what happens if you ask someone to leave your property and they refuse? Perhaps it’s a customer lingering after hours, an ex-employee refusing to exit, or even someone with no obvious purpose on your premises. It’s the sort of scenario no business owner wants to deal with, but being prepared can make all the difference.

To protect your business, staff, and customers, it’s crucial to know your legal rights and obligations when dealing with unwanted visitors. In this guide, we’ll cover what you can (and can’t) do if someone won’t leave your property, and how to respond safely, lawfully, and confidently.

Below, you’ll find clear answers, step-by-step guidance, risks to avoid, and key legal documents you should have in place. Let's walk through your options - and help you stay protected and compliant.

Can You Legally Ask Someone To Leave Your Business Premises?

In most cases, as the occupier (or someone acting on behalf of the occupier) of the premises, you have the legal right to ask anyone to leave your property, provided you’re not discriminating unlawfully (for example, due to race or disability). This is known as the “right of exclusion” - essentially, you’re entitled to decide who can and cannot be on your premises.

Here are some common scenarios where this right might apply:

• A customer is acting aggressively or harassing other patrons
• Someone remains after closing time, refuses to leave, or is loitering
• An ex-employee comes back to the workplace after termination without proper reason
• A delivery person or contractor has finished their business but won’t leave

In all of these cases, you can clearly and politely ask the person to leave. But what if you ask someone to leave your property and they refuse?

What Steps Should You Take If Someone Refuses To Leave?

If someone ignores your request and refuses to leave the premises, don’t panic. Here’s a sensible step-by-step approach:

1. Stay Calm and Professional: Avoid escalating the situation. Speak clearly and firmly, restate your request to leave. It can help to have a witness present (such as another team member).
2. Clarify Your Authority: Let the person know you are the occupier/manager/owner of the premises and are lawfully requesting that they leave. This makes your position clear should you need to escalate.
3. Give Them a Final Warning: Explain that refusal to leave after being asked could mean the police are called and could result in further action (such as being barred for trespass).
4. Document the Incident: Make a brief note of what happened (time, date, names, what was said). This can be critical if the situation escalates or if you need to justify your actions to authorities later on.
5. Contact the Police if Necessary: If the person still refuses to leave - especially if they become aggressive, threaten staff, or are physically preventing you from closing - you are generally entitled to call the police. Explain that you have asked someone to leave your private property and they have refused.

Remember, your safety and your team’s safety always comes first. Do not attempt to forcibly remove the person yourself, as this could put you at risk of harm or even unwanted legal claims if not handled carefully.

Is Refusing To Leave a Business Premises Trespass?

In England and Wales, refusing to leave when asked by someone with lawful authority is considered trespass. Trespass is a civil matter, not a criminal one by default - but there are exceptions (for example, if someone becomes violent or disorderly, it could cross into criminal conduct).

Key points on trespass in business premises:

• An individual who remains after being asked to leave is trespassing and you can seek their removal through peaceful means or by involving authorities.
• Forcible removal is generally not recommended unless you are at immediate risk of harm. The police may assist, especially if there’s disruption or threat.
• Repeated or aggravated trespass (for example, someone returns repeatedly after being banned) may be subject to additional remedies or criminal sanctions in certain circumstances.

Ultimately, if you ask someone to leave your property and they refuse, you have a right to protect your premises and seek lawful removal. The key is to act reasonably and document everything.

What Does UK Law Say About Removing People From Your Property?

There isn’t a single statute that sets out your powers around removing unwanted persons from business property, but there are several areas of law that provide guidance:

• Civil Trespass: The common law right of exclusion allows you to remove people from property you lawfully occupy. If someone disregards this, you may call the police for help.
• Protection from Harassment Act 1997: If the person harasses or intimidates staff or customers, their actions could become criminal - and emergency services should be involved.
• Equality Act 2010: You must not refuse service or eject someone due to protected characteristics (such as race, gender, disability) unless there is a lawful basis (such as health and safety risk, or disruption).
• Licensing Laws: If you run a licensed venue (like a pub or bar), the Licensing Act 2003 requires you to refuse entry/service to anyone you believe is drunk, disorderly, or dangerous.

Always ensure your staff know these boundaries, particularly around anti-discrimination and using reasonable force.

When Should You Call the Police?

If you ask someone to leave your property and they still refuse, and:

• They become violent, threatening, or abusive
• They pose a risk to your team or customers
• They cause criminal damage to your premises or property
• You feel it’s unsafe or inappropriate to approach them again

...then call 999 and request police assistance.

You can explain:

• You are the lawful occupier/business owner/manager
• Someone who has no right to remain is refusing to leave
• Any specific threats or incidents that make this urgent

The police have more powers where there is an imminent threat. Where it’s a civil trespass without danger, they may instead advise you on further steps (for example, seeking an injunction for persistent trespassers).

Can You Use Force To Remove Someone?

It’s vital to avoid using force unless you are acting in self-defence or to protect someone from immediate harm. Otherwise, using physical force to remove a trespasser can potentially result in accusations of assault or unlawful detention.

Best practice:

• Use words and calls for police, not physical action, unless absolutely necessary for safety
• If you engage private security, make sure they are properly trained and licensed (SIA accreditation is required in the UK)
• Document every step; have a written record of the incident and your actions

If you’re ever unsure about where the line falls, get quick legal advice to avoid unnecessary risk.

How Can You Set Clear Boundaries For Entry and Exit?

Having clear terms and conditions for entry - posted at your entrance, on your website, or as part of tickets or bookings - is a smart way to set expectations and empower staff to act with authority.

Your entry policy might cover:

• General right to refuse entry or service (for lawful reasons)
• Rules for behaviour on the premises (e.g. no aggressive conduct, no filming, shoes required, etc.)
• What happens if someone refuses to leave when asked (for example, police may be called)
• Banning or barring process for repeat offenders

If you operate in hospitality, retail, or a regulated sector, having professional policy wording and staff guidance can help protect you from legal claims (for example, allegations of discrimination or inconsistent enforcement).

You can find practical advice on creating policies and procedures here.

What Internal Policies Should You Have?

Well-crafted internal policies and staff training are your first defence against difficult situations. These typically include:

• A staff handbook covering difficult customer scenarios and trespass protocols
• Incident reporting processes (how to record details quickly and accurately)
• Guidelines on anti-discrimination, use of force, and when to involve authorities
• Clear escalation process - when a team member should seek a manager, and when to call the police

Investing in proper training, and updating procedures regularly, keeps your team safe and your business compliant.

What Legal Risks Should Business Owners Watch For?

While you have a right to remove unwanted persons, it’s important to avoid these legal pitfalls:

• Discrimination: Make sure you are not refusing entry or ejecting someone for a reason connected to a protected characteristic under the Equality Act 2010 (race, age, disability, religion, etc.) unless justified (e.g. health and safety risk).
• Excessive Force: Never use more force than necessary. Physical contact should only ever be as a last resort in self-defence or defence of others.
• Defamation or False Allegations: Ensure your staff are clear on the facts if explaining why someone is being asked to leave.
• Negligent Security: If a situation escalates due to a lack of reasonable security measures or staff training, the business could be held liable for injuries to staff or customers.

Regular legal reviews and professional advice can help your business adapt to changes in the law and keep your protocols up to date. For guidance, check out our advice on managing customer complaints and protecting your business against risks.

What Should You Do After an Incident?

Once the immediate situation has ended, it’s worth taking these follow-up steps:

• Debrief with staff and make a detailed record of the incident
• Provide support to any affected staff or customers (if necessary)
• Review what happened to see if procedures or signage need updating
• Consider a barring or banning notice for the individual if appropriate
• Consult a legal expert if you have concerns about potential claims or ongoing issues

Preparation and review are key - addressing weaknesses early helps prevent repeat issues.

Key Takeaways

• If you ask someone to leave your business premises and they refuse, you have the right to request their removal and, if needed, involve the police.
• Use a clear, documented process - remain calm, restate your authority, and escalate only if absolutely necessary.
• Avoid physical force unless acting in self-defence or to protect others. Rely on police or licensed security professionals if at risk.
• Set clear entry and conduct policies, and train staff to handle tough scenarios within the law.
• Don’t unlawfully discriminate when excluding people - always follow the Equality Act 2010 and other relevant legislation.
• After any incident, document everything and review your procedures to keep your business, staff, and customers safe in the future.
• Seek professional legal advice for repeat or risky situations, to safeguard your business from claims or escalation.

If you have concerns about managing difficult customers, handling unwanted visitors, or want to make sure your business policies are legally sound, we’re here to help. Reach out for a free, no-obligations chat at team@sprintlaw.co.uk or call us on 08081347754 - and get peace of mind knowing your business is protected.