Sex-based harassment in public: what the new law means for nightlife venues
Sex-based harassment in public became a criminal offence in England and Wales on 1 April 2026.
This is an important change and useful to understand if you are working in pubs, clubs, bars, restaurants, music venues and other nighttime economy spaces. The law gives clearer recognition to behaviour that many workers will already have seen: someone being followed, cornered, touched, pressured, intimidated, or targeted because of their sex.
Some of this behaviour is still brushed off as flirting, drunkenness, awkwardness or “just banter”. The new offence makes clear that, in some circumstances, it can be a criminal matter.
What the law covers
The Protection from Sex-based Harassment in Public Act 2023 builds on the existing offence of causing intentional harassment, alarm or distress under the Public Order Act 1986.
For the offence to apply, it must be shown that:
the behaviour was intentional;
it was motivated by the person’s actual or presumed sex;
it involved threatening, abusive, insulting or disorderly words or behaviour;
it caused harassment, alarm or distress.
The offence can carry a sentence of up to two years in prison, an unlimited fine, or both.
In practice, the kinds of behaviour that may fall within the scope of the law include persistent sexual comments, unwanted sexual gestures, blocking or cornering someone, threats to commit a sexual act, or deliberate intimidation directed at a specific person.
Police and courts may look at whether someone had rejected romantic or sexual attention, whether comments referred to someone’s body or sex, whether the behaviour was persistent, and whether the person targeted was made to feel alarmed or distressed.
Why this matters for VENUES
This law applies to harassment in public, meaning streets, public transport, taxis, private hire vehicles, public buildings and places open to the public. That includes hospitality venues such as pubs, clubs, bars and restaurants.
This doesn’t mean every uncomfortable interaction in a venue becomes a criminal offence. The legal threshold is very specific. But for venue teams, the practical takeaway is clear: behaviour that leaves someone feeling trapped, frightened, targeted or unsafe should be taken seriously early.
Staff working in the nighttime economy are often the first to see the warning signs.
Someone may keep approaching a person who has already said no. They may block their way to the bar, follow them between spaces, lean into them, touch them, comment on their body, or refuse to leave them alone. The person affected may not use the word “harassment”. They may just look uncomfortable, try to get away, or stay close to friends or staff.
As a member of bar or venue staff, you don’t need to decide whether a criminal offence has been committed. But you do need to know how to notice, respond, record and escalate concerns safely.
The first conviction under the new law
In June 2026, British Transport Police reported the first sentencing under the new sex-based harassment legislation in England and Wales.
David Stroud pleaded guilty after harassing a woman on a train from Hastings to London. He sat next to her, made unwanted comments, leaned on her, grabbed her hair, asked if he could kiss her, and continued after she made clear she did not want the interaction. He was sentenced to a 12-month community order, 150 hours of unpaid work and a rehabilitation programme.
The case is relevant to venues in the nighttime economy because the behaviour described will sound familiar. It involved unwanted attention, ignored boundaries, physical contact, persistence, alcohol, and an attempt to minimise the behaviour afterwards as “banter”.
This case highlights why staff training needs to go beyond the most obvious or extreme examples of harassment. Many of these behaviours have traditionally been excused, missed or left unchallenged. Shout-Up! training gives staff the knowledge and skills to intervene safely.
What nighttime economy workers need to know
Sex-based harassment can happen quickly in busy, loud, crowded spaces. It can also be easy to miss if staff are only looking for conflict, aggression or visible distress.
Workers should feel confident recognising signs such as:
repeated comments after someone has shown they are uncomfortable;
sexual remarks about someone’s body or appearance;
unwanted touching, grabbing or leaning in;
someone being blocked, followed or cornered;
a person trying to separate someone from friends;
behaviour framed as a joke when the other person is clearly distressed;
someone appearing frozen, frightened or unable to leave.
Shout-Up! trains staff to notice and intervene safely, within the scope of their role, i.e. we don’t require staff to put themselves in danger. The response does not have to be dramatic to be effective. A member of staff checking in can interrupt the situation. A colleague creating space can give someone a way out. Good intervention is often calm, clear and well-timed.
How Shout-Up helps!
Shout-Up works with the nighttime economy to help create sexual harassment-free venues, spaces and nights out.
The training gives staff the knowledge and confidence to recognise sexual harassment, understand its impact, and respond in ways that are safe, proportionate and practical. It helps teams think about what happens before, during and after an incident: how staff communicate, who takes the lead, how concerns are recorded, when to involve door staff or police, and how the person affected is supported.
Venue safety cannot depend on a single confident manager or an experienced member of bar staff being on shift. Everyone needs to understand the standards expected in the venue and what to do when an issue comes up.
Staff are part of this too
The new offence focuses on sex-based harassment in public. Venues also need to remember their responsibilities as employers.
Workers have protections against sexual harassment in the workplace, including harassment by customers. Since October 2024, employers have had a legal duty to take reasonable steps to prevent sexual harassment of their workers.
That means venues should be thinking about both customers and staff. A safer venue is one where staff know they will be backed up when they challenge unacceptable behaviour, where reporting is taken seriously, and where harassment is not treated as something workers simply have to put up with.
What venues can do now
The new legislation is a good reason to revisit how prepared your team is.
Do staff know what sex-based and sexual harassment can look like in your venue? Do they know how to respond if someone asks for help? Do they know when to involve a manager, door staff or police? Are incidents recorded clearly? Are expectations around behaviour visible to customers as well as staff?
Policies matter, but they only work when people understand them and feel able to use them during a busy shift.
Sex-based harassment in public is now recognised more clearly in criminal law. For nighttime economy venues, the immediate task is practical: observe the behaviour, take it seriously, support the affected person, and ensure staff have the training to respond effectively.