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Author Topic: Assaulted in restraurant!!  (Read 2152 times)

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bertiecbx550

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Assaulted in restraurant!!
« on: 30 December 2009, 22:56:33 »

I suffered an unprovoked attack from 2 drunken males and their female entourage last night in Frankie and Benny`s restaurant after my friend complained about their boisterous activity on the table next to us to the management....They paid their bill and then came to our table and made a few verbal attacks and threatened us..So i got up and went to get the staff to call the police before any aggro started.I turned around to see 2 of the males attacking my friend so i ran back to try and restrain 1 of them and allow my mate to get up from behind the table he was trapped behind and restrain the other bloke as i struggled with the 1 guy my fiancee was punched in the face by him...This went back and forth for what seemed a lifetime with me ending up on the floor and being kicked in the head a few times and in the back as he broke my hold and dragged me down to the floor and was able to get up before me...They then ran off leaving their women behind who soon made theirselves scarce before west mids police showed up...Now what has really pissed me off is when i told the female restaurant manager of her failing to us the customers by refusing them more wine and beer...I mean there was 6 empty bottles of red wine and empty pint glasses on the table...I was met by her refusual and laying the blame on us for the fight and that we should of called the police and not the restaurant....Now my mate may lose the sight in his left eye cause of the fight and that the hospital think he may have a detached retina or other damage...I only suffered bumps and bruises and a wounded pride,but i have also been warned by the police that if the other party make a complaint i could be arrested cause i admitted to defending myself and punching the other males,but the attending constable at the hospital said they had seized the cctv and could plainly see we did not start the fight and that we where attacked...I just want some advice as what to do with the restaurant??? >:(
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alunonhisown

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Re: Assaulted in restraurant!!
« Reply #1 on: 30 December 2009, 23:05:10 »

Ask for a copy of the CCTV (Doubt you will get it without a court order) and when you do get it your lawyer will do the rest.
Just make sure you do not use a firm of solicitors from the same town as the trouble was.
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Lazydocker

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Re: Assaulted in restraurant!!
« Reply #2 on: 30 December 2009, 23:05:19 »

Does bad luck and trouble follow you around Bertie?? :-? :-? :o :o ;D ;D

I'm sorry to hear about this and find it distressing that the restaurant kept serving the drink >:( >:(

If the police have the CCTV you have no worries about charges against you, which is something, but as for the restaurant... I really don't know, other than never using it again.

Hope your friend makes a speedy recovery, even if partial
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Plomien

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Re: Assaulted in restraurant!!
« Reply #3 on: 30 December 2009, 23:06:39 »

report it to their head office,
lets just hope your fried is ok though and your bumps and bruises clear up soon
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The Barge Captain

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Re: Assaulted in restraurant!!
« Reply #4 on: 30 December 2009, 23:22:13 »

I hope you didn't leave a tip! ;D

Sorry to hear you had a crap night out though
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Broomies Mate

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Re: Assaulted in restraurant!!
« Reply #5 on: 30 December 2009, 23:23:26 »

It is ILLEGAL to serve Alcohol to a customer who is 'Under The Influence Of Alcohol'.

The law is vague...... afterall, that would mean you couldn't serve someone a second alcoholic beverage, as you know that they have alcohol in their system.

From my training (when working in pubs and clubs), it was always standard practice not to serve anyone who seemed drunk.

I hope the CCTV gives good clear images of the offending party and they get picked up soon.

More than that though, I hope your party recover speedily.
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JamesV6CDX

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Re: Assaulted in restraurant!!
« Reply #6 on: 30 December 2009, 23:36:26 »

Bertie - if you genuinely acted in reasonable self defence, to protect life and property, do not worry, your actions will be justified.

CCTV will be needed, to identify the offenders... I hope it's good, because it hinges on this, really...

When the plod turned up, did the note any independent witnesses?

Based on what you've written, I wish you all the best, and hope the suitable outcome is reached  :y
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JamesV6CDX

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Re: Assaulted in restraurant!!
« Reply #7 on: 30 December 2009, 23:42:12 »

Quote
i have also been warned by the police that if the other party make a complaint i could be arrested cause i admitted to defending myself and punching the other males

Don't forget - arrest is only a "tool" to help the police with an investigation, it doesn't mean you're convicted. I doubt it will happen, but if it does, and you are interviewed "under caution" just tell the truth. It it happened as you say, which I'm sure it did, you have nothing to fear. Any man can defend himself perfectly lawfully, providing the force used is proportional.


Quote

but the attending constable at the hospital said they had seized the cctv and could plainly see we did not start the fight and that we where attacked...I just want some advice as what to do with the restaurant??? >:(

In which case, happy days.... lets hope the offenders are identified

Do nothing with the restaurant, leave it with the plod, and talk to the plod directly for updates etc...  :y
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BigAl

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Re: Assaulted in restraurant!!
« Reply #8 on: 30 December 2009, 23:52:19 »

i would get in touch with the licensing board (or whatever it is called these days) and register a complaint, detailing everything especially the restaurants denial of its responsibility, which may throw a spanner in the works come license renewal time or if serious enough/enough complaints the license could be revoked
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bertiecbx550

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Re: Assaulted in restraurant!!
« Reply #9 on: 30 December 2009, 23:55:11 »

Now i am a qualified door supervisor i am badged up and have a working knowledge of the law regarding duty of care and serving alchol to intoxicated persons and i really think the reataurant are in deep shit over that espec as 1 person has a serious eye injury..I even identified myself as a door supervisor to the police and told them i believed the restaurant did not show a duty of care towards us or other patrons by continuing to serve alchol only to be told by the restaurant manger" Do not blame me..I am not to blame!!!" I`m sorry but she is responsible for the actions of her staff and the actions of the clients within the establishment...As all pubs and clubs are its drummed into you when you do your training(depending on how good your SIA trainer or course is) and i`ve put this into practice a few times whilst on duty on the retail site i work on I.E. explaning to  a drunk why his large rottie had to be on a lead and not allowed to wander around the eating area of macdonalds sniffing kids food...or asking people not to drink beer in shopping areas.... But this took the biscuit last night its put me right off going out and having a meal now espec as we had just seen the new sherlock holmes movie and where having a good old time as i was relaxing after working over xmas.... :(
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Amigo

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Re: Assaulted in restraurant!!
« Reply #10 on: 31 December 2009, 00:06:21 »

Sorry to hear this matey. TBH i would'nt have helped the situation had i have been there. Any bloke that hit's a girl?????
  Sorry but the law goes out the window, gloves off.
     Hope you all recover. Guy.
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JamesV6CDX

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Re: Assaulted in restraurant!!
« Reply #11 on: 31 December 2009, 00:08:57 »

With respect, SAI training isn't comprehensive by any means.

I wouldn't ID myself after any alcohol in public, whether SAI, Police, or otherwise....

Just comply with the investigation as best as you can mate, hopefully the right outcome will be reached  :y
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bertiecbx550

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Re: Assaulted in restraurant!!
« Reply #12 on: 31 December 2009, 00:14:15 »

No booze in my system james i was desiganted  driver and my friend was on anitbiotics for an infection.....I identified myself as a courtesy...
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JamesV6CDX

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Re: Assaulted in restraurant!!
« Reply #13 on: 31 December 2009, 00:16:41 »

Quote
No booze in my system james i was desiganted  driver

In which case, apologies - I misread it (whilst at home, with booze in my system)  ;D

I agree with your point about SAI trainers too Bertie - it varies enourmously between course to course...

Regardless of that - I hope the right outome occurs.. and wish you all the best  :y
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Re: Assaulted in restraurant!!
« Reply #14 on: 31 December 2009, 00:21:35 »

Quote
With respect, SAI training isn't comprehensive by any means.

I wouldn't ID myself after any alcohol in public, whether SAI, Police, or otherwise....

Just comply with the investigation as best as you can mate, hopefully the right outcome will be reached  :y

Fully agree, sometimes it is best to keep quiet till you need to give evidence...... :y
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