Publicans ready to fight equality legislation

Publicans are preparing to fight back against equality legislation which outlaws their use of "Regulars only", "Quotas" and "…

Publicans are preparing to fight back against equality legislation which outlaws their use of "Regulars only", "Quotas" and "Ban on accompanied children" practices.

The Vintners' Federation of Ireland president, Mr Dick Dunne, yesterday denied that discrimination was widespread among Irish pub-owners and bar staff. "The publican is obliged under the Intoxicating Liquor Act, 1998 to run an orderly house," he said.

His comments were made against the background of three recent cases which found publicans to be in breach of the equality legislation.

In the case of Michael McDonagh vs the Castle Inn, Birr, Co Offaly, the publican admitted to operating a quota system whereby no more than five Travellers were served at any given time. No similar quota system operated for settled people.

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Mr McDonagh, a settled Traveller who was refused service in the pub, was awarded £1,000 (€1,270) in compensation.

A second case, Bernard, Richard and Thomas Joyce vs Liz Delaney's Pub, Coolock, Dublin, centred around discrimination against a Traveller family based on the adoption of a "regulars only" policy.

Bernard and Richard Joyce were awarded £700 (€889) each in compensation for three incidents of discrimination - and Thomas Joyce £500 (€635) for two incidents of discrimination which he suffered.

In the third case, John Maughan vs The Glimmerman, Dublin, the equality officer said: "Publicans must serve parents when accompanied by their children under 18 years old, in all circumstances."

The claimant, Mr Maughan, who was visually impaired, entered the pub with his visually impaired wife and his guide dog at 4.15 pm. They were accompanied by their 13-year-old son.

Mr Maughan sent his son outside and was served, said the Equality Authority. His son later returned (as it was raining) and Mr Maughan was again refused service. The boy left. Then he was told he could not be served as dogs were not allowed on the premises.

He produced a card which stated guide dogs were allowed entry to premises.

The equality officer found he was discriminated against on "family status" grounds.

It was also decided Mr Maughan had established prima facie evidence of discrimination on grounds of disability and being a member of the Traveller community. He was awarded £2,000 (€2,539).

The VFI is to seek clarification in the Circuit Court concerning the responsibilities of publicans under the Equal Status Act, 2000.

Section 15 (2) of the Act provides that once a publican decided "in good faith" there were sufficient grounds for not serving someone, he could refuse to do so without being in breach of the equality legislation, said the federation president.