Ann-Marie Nevin
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 she was refused admission on St Stephen's Night 2002. She maintains that this occurred because she 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 St Stephen's Night 2002, that it was necessary to restrict access to their regular customers, close friends and family.
Evidence of Parties
The Cellar pub has been under its current management since 1999.
The owner, Mr Vincent Redmond, stated at the Hearing on 27 September 2006 that the pub had many regular Traveller customers and that it did 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 she returned to Ireland in mid-2001 and used to visit the Cellar Bar most weekends with family and friends in the 18 months prior to 26 December 2002.
he knew the doorman well and some of the barstaff and believes that they would have known that she was a Traveller.
She never had any problem gaining admission or getting served previously. She says that she was last in the Cellar Bar on Christmas Eve 2002 and had no problem then.
On St Stephen's Night 2002, she arrived at the Cellar Bar around 9.50 pm with some female friends from the Traveller community. She was refused admission by the doorman whom she knew. He asked the group for ID and then told them "Full house".
Her friends then went elsewhere but she waited as her aunt was inside. She later spoke to the owner but was still not let in.
She said that she was puzzled by the fact that she was first asked for ID before being told that it was a "full house". Because of this, she feels that it was her Traveller identity that had a bearing on the decision.
Mr Redmond explained that on the night he was constantly in touch with the doorman by radio contact, informing him when he could or could not allow people in. He says that it is possible that he may have given an instruction not to let any more people in at the time the doorman was checking ID.
Mr Redmond says that over 100 people would have been refused entry that night, the vast majority of them non-Travellers and 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 Ms Nevin personally and says that she is welcome to visit his pub at any time
Conclusions of the Equality Officer
In this case, the complainant claims that her refusal on 26 December 2002 was on account of her membership of the Traveller community. In considering this allegation, I find it difficult to accept as the evidence before me suggests that Ms Nevin was a regular visitor to the Cellar Bar before 26 December 2002, that she was known to be a Traveller and that she never had any problem gaining admission or getting served prior to St Stephen's Night 2002.
For this reason, I am prepared to accept the respondent's explanation that there was a need to restrict admission on 26 December 2002 and that this was the reason the complainant was refused entry rather than the fact that she was a member of the Traveller community.
8 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
23 October 2006