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Chat Area => General Discussion Area => Topic started by: bertiecbx550 on 30 December 2009, 22:56:33

Title: Assaulted in restraurant!!
Post by: bertiecbx550 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??? >:(
Title: Re: Assaulted in restraurant!!
Post by: alunonhisown 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.
Title: Re: Assaulted in restraurant!!
Post by: Lazydocker 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
Title: Re: Assaulted in restraurant!!
Post by: Plomien 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
Title: Re: Assaulted in restraurant!!
Post by: The Barge Captain 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
Title: Re: Assaulted in restraurant!!
Post by: Broomies Mate 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.
Title: Re: Assaulted in restraurant!!
Post by: JamesV6CDX 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
Title: Re: Assaulted in restraurant!!
Post by: JamesV6CDX on 30 December 2009, 23:42:12
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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
Title: Re: Assaulted in restraurant!!
Post by: BigAl 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
Title: Re: Assaulted in restraurant!!
Post by: bertiecbx550 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.... :(
Title: Re: Assaulted in restraurant!!
Post by: Amigo 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.
Title: Re: Assaulted in restraurant!!
Post by: JamesV6CDX 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
Title: Re: Assaulted in restraurant!!
Post by: bertiecbx550 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...
Title: Re: Assaulted in restraurant!!
Post by: JamesV6CDX 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
Title: Re: Assaulted in restraurant!!
Post by: Vamps 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
Title: Re: Assaulted in restraurant!!
Post by: Amigo on 31 December 2009, 00:36:58
I wish i shared you self control. Ho hum!!!
Title: Re: Assaulted in restraurant!!
Post by: JamesV6CDX on 31 December 2009, 00:40:12
Quote
I wish i shared you self control. Ho hum!!!

It's easy behind a keyboard mate. (referring to myself too).  I feel as strongly about people beating women as you do. A tiff / argy bargy I would turn a blind eye to, but if someone was taking a beating, especially a woman, I'd feel obliged to help.

It's one of those things that you can only decide on at the time - and generally people not there, can't usually criticise  :y


Title: Re: Assaulted in restraurant!!
Post by: sexydaz on 31 December 2009, 01:22:40
you see a scuffle a woman getrs hit what do you do,id like to think id steam in there but ive got mi wife and 3 kids with me so the easiest thing to do is nowt.sorry to say this is england and how its got with binge drinkin thugs but if i did see it happen and i did see a women get striked i dont think i would be able to stop myself from STEAMIN IN AND FUKIN WINDMILLING THE idiotS.i hope shes ok and all gets sorted out for you
                     daz
Title: Re: Assaulted in restraurant!!
Post by: Gaffers on 31 December 2009, 04:48:56
jeez bertie that's awful.  It makes me angry just reading it.  I would definitely do what you can with helping the police and their prosecution but I fear any action against the resturant will prob have to be a civil claim.  A good injury lawyer will wipe the floor with them.  Dont forget also to get CICA claims in for your mate and you if you have any scarring.  Get photos of all your bruising and some of your mate too.  If you need help with the application use Victim Support when they call (they will they are contracted to do so by the police)
Title: Re: Assaulted in restraurant!!
Post by: STMO999 on 31 December 2009, 06:17:01
Now that you've slept on this Bertie, I think you'll realise that going after the restaurant manager is pointless. Keep pushing the police to make they do their utmost to identify the culprits. This is a seious assault and someone needs to be brought to book.

As has been said, your mate is entitled to compensation, but that will be a long process.

If you want to keep your badge, dont go looking for revenge.
Title: Re: Assaulted in restraurant!!
Post by: Lazydocker on 31 December 2009, 07:48:58
Quote
Now that you've slept on this Bertie, I think you'll realise that going after the restaurant manager is pointless. Keep pushing the police to make they do their utmost to identify the culprits. This is a seious assault and someone needs to be brought to book.

As has been said, your mate is entitled to compensation, but that will be a long process.

If you want to keep your badge, dont go looking for revenge.

Who are you and what have you done with Steve? That was sound, sensible advice! ;)
Title: Re: Assaulted in restraurant!!
Post by: Stevie-blunder on 31 December 2009, 15:35:37
Quote
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.

Definitely shares my opinion  :y