There is a legal requirement on the Captain to ensure that all of the passengers are suitably briefed, however there is no compulsion on the passenger to listen.
Not quite correct (calling all pilots please read the ANO)
At the risk of being pedantic, we have read the ANO. PPRuNe Radar has been kind enough to quote it above.
The relevant portion to your statement is, the commander of an aircraft registered in the United Kingdom shall take all reasonable steps to ensure—
It says reasonable because clearly there are situations where you cannot ensure that an individual has listened or understood for any number of reasons. Young children, passengers with certain disabilities, passengers carried in "special" circumstances etc. The ANO does not state that a passenger must listen, only that the Captain has taken all
reasonable steps to ensure the passengers have been briefed.
As I already stated in the previous post there are conditions that allow the Captain to refuse to carry any person that he feels is acting in contravention of the conditions of carriage and this would provide for such a sanction if it was deemed appropriate.
"The cabin crew will shortly give you a safety briefing please listen and watch and give your full attention to the crew." (That is an order not a request)
Unfortunetaly (and we all do it) that is a request and not an order, the use of the word "please" made it one.
If a cabin crew member reported to me that xyz passenger had not looked or listened to the briefing technically I cannot fly.
Actually yes you can, provided you have taken all
reasonable steps to ensure compliance. Again you have the sanction to remove a passenger prior to departure if that passenger is being willfully obstructive or indeed for any other reason you see fit, however the ANO| should be read for what it actually says and not for what you would like it to say.