Martin Gavin
V
The Cellar Bar, Longford
(represented by Connellan Solicitors)
Key words
Equal Status Acts 2000-2004 - Direct discrimination, section 3(1)(a) - Traveller community ground, section 3(2)(i) - Supply of goods and services, section 5(1) - Refusal of admission to a pub.
Delegation under the Equal Status Acts
This complaint was referred to the Director of Equality Investigations under the Equal Status Act 2000. In accordance with her powers under section 75 of the Employment Equality Acts and under the Equal Status Acts, the Director has delegated the complaint to myself, Brian O'Byrne, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part III of the Equal Status Acts, 2000-2004.
Dispute
The complainant states that, despite being a regular customer in the Cellar Bar, that he was refused admission on New Year's Eve 2002. He maintains that this occurred because he was recognised as a member of the Traveller community.
The respondents totally reject that they operate a discriminatory policy against Travellers. They maintain that they have numerous Traveller customers who frequent their pub on a regular basis. However, they state that, because of the numbers expected on New Year's Eve 2002, that it was necessary to restrict access to their regular customers, close friends and family.
Evidence of Parties
The owner, Mr Vincent Redmond, stated at the Hearing on 27 September 2006 that the Cellar Bar has been under its current management since 1999. The pub has many regular Traveller customers and that it does not operate any policy of discrimination against Travellers.
Mr Redmond explained that there are some nights in the year, St Stephen's Night, New Years Eve and occasionally St Patrick's Day that numbers have to be restricted. On those occasions, the doorman is told to only let regulars, close friends and family into the pub.
The complainant states that he used to visit the Cellar Bar regularly with a group of footballing friends in the 12 months prior to 31 December 2002. He also used to meet friends from the Traveller community there on occasion. He knew the doorman well and some of the barstaff. The doorman, in particular, would have known him to be a Traveller. They had being playing football against each other for a number of years and the doorman had been involved in arranging matches for Traveller children.
The complainant said that he never had any problem gaining admission or getting served previously. He says that he was last in the Cellar Bar on St Stephen's Night 2002 and had no problem then.
On New Year's Eve 2002, he arrived at the Cellar Bar around 6.15 pm by himself and he was refused admission by the doorman who told him "Private party, regulars only". The manager then came out and told him the same thing.
The complainant then called the Gardai. A Garda arrived and spoke to both sides but did not take any action.
Because of the time involved and the reason given (private party), he feels that it was his Traveller identity that had a bearing on the decision. He has not visited the pub since as a result.
Mr Redmond explained that on the night in question he had a group of family friends in the restaurant upstairs and that it was essential that he kept space for them in the pub when they came down later to celebrate the New Year. For that reason, he did not want the pub to become too crowded and restricted access from early on.
Mr Redmond says that he recalls Mr Gavin at the door that night but, while he knew him to see, he did not recognise him as a regular customer.
Mr Redmond says that over 100 people would have been refused entry that night, the vast majority of them non-Travellers. He also said that there were a number of Travellers on the premises that night who would have been regarded as regular customers.
Mr Redmond said that he has never had any problem with Mr Gavin personally and says that he is welcome to visit his pub at any time.
Conclusions of the Equality Officer
In this case, the complainant claims that his refusal on 31 December 2002 was on account of his membership of the Traveller community. In considering this allegation, I find it difficult to accept as the evidence before me suggests that Mr Gavin was a regular visitor to the Cellar Bar before 31 December 2002. In fact, he himself admits that he was allowed into the pub on another of the "restricted entry" nights, St Stephen's Night. Mr Gavin has also stated that, while the doorman would have known that he was a Traveller, that he never had any problem gaining admission or getting served prior to New Year's Eve 2002.
For this reason, I am prepared to accept the respondent's explanation that there was a need to restrict admission on 31 December 2002 and that this was the reason the complainant was refused entry rather than the fact that he was a member of the Traveller community.
Decision
I find that a prima facie case of discrimination has not been established by the complainant on the Traveller community ground in terms of sections 3(1) and 3(2)(i) of the Equal Status Acts 2000-2004. Accordingly, I find in favour of the respondents in the matter.
Brian O'Byrne
Equality Officer
17 November 2006