Bernard Stokes, Edward Stokes, Pat Stokes, Winnie Stokes,
Margaret Stokes, Kate Stokes, Geraldine Stokes, Mary Ellen Stokes,
John Ward, Bernie Ward, Pat Mongan
(represented by Florence G. McCarthy, Solicitors)
V
Hoban's Pub, Dysart
(represented by Sean A. Mahon & Co., Solicitors)
Key words
Equal Status Act 2000 - Direct discrimination, section 3(1)(a) - Traveller community, section 3(2)(i) - Supply of goods and services, section 5(1) - Refusal of service in a pub
Delegation under the Equal Status Act, 2000
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 Act 1998 and under the Equal Status Act 2000, 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 Act.
Background
This dispute concerns a complaint by 11 members of the Traveller community that they were discriminated against on the night of 12 November 2002 in being refused service in Hoban's Pub, Dysart, Co. Roscommon.
The complainants described how the incident took place on 12 November 2002 on the occasion of the month's mind of the mother of a number of the complainants. Earlier that day, a mass was celebrated locally for the mother and afterwards the group, consisting of about 100 family and friends, adjourned to a hostelry in Ballinasloe for refreshments
On the day of the Hearing, the complainants were separately asked to recall the timing of events on 12 November 2002. The evidence given, which is somewhat conflicting, was as follows:
- The month's mind mass occurred between 12 noon and 4 pm (with 1pm being the most quoted time).
- The group arrived in Ballinasloe somewhere between 2.30 pm and 6 pm
- The group left Ballinasloe at different times between 7.45 pm and 9.30 pm and travelled by various means of transport to Dysart.
- All agree that they arrived practically together at Hoban's Pub between 10.20 pm and 10.30 pm on 12 November 2002. In all there were 14 in the group
- When the first group arrived they ordered and were served a round. One of their number started to sing at the bar at that stage. They later got a second round but were refused any more drink around 11.15 pm.
- Some of the ladies in the group gave evidence that they were not supplied with any drink at all on the night.
- Another of the men gave evidence that he was refused by Mr Hoban immediately on his arrival in the pub
- They left Hoban's Pub at various times between 11 pm and 1 am
Respondents Evidence
- Prior to 12 November 2002, members of the Stokes family were regular visitors to Hoban's Bar. They were known to be Travellers and the pub did not have a problem serving them.
- Mr Hoban said that he was aware that Mrs Stokes had died recently but was not aware at the time of the plans for a month's mind. He had met the dead lady's husband a few days prior to 12 November but Mr Stokes had made no mention of the upcoming month's mind.
- The group started to arrive in the pub at various times from around 10.45 pm.
- The first four to arrive were served immediately at which stage one of the men started singing at the bar. The others were all also served as they arrived.
- The group were served last rounds at 11.30 pm when the bar was closed. After 11.30 pm, some of the party started demanding more drink. When service was refused, some of the group became loud and abusive.
- A number of the group then departed on a bus they had arranged for themselves. Others remained on in the bar until 12.45 am.
- Because of the threatening behaviour of some of the group, Barry Hoban said that he took a decision to bar the group from then on
Conclusions of the Equality Officer
Section 15(2) of the Equal Status Acts 2000-2004 reads as follows:
" Action taken in good faith by or on behalf of the holder of a
licence or other authorisation which permits the sale of intoxicating
liquor, for the sole purpose of ensuring compliance with the provisions
of the Licensing Acts, 1833 to 1999, shall not constitute discrimination."
In this particular case, there is disagreement as to whether service was refused before or after the official closing time of 11.30 pm. If service was refused prior to 11.30 pm, as the complainants claim, the question then arises as to whether the decision was taken because the complainants were members of the Traveller community or whether it was taken in order to comply with Section 15(2) of the Equal Status Acts. If service was refused after 11.30 pm, the publican was within his rights to do so and the question of discrimination does not arise.
In considering this matter from the perspective that the refusal occurred prior to 11.30 pm, I have noted the following:
- The complainants accept that they were known by Mr Hoban as members of the Traveller community.
- The complainants had been served in Hoban's pub on a regular basis prior to 12 November 2002.
- The complainants arrived unexpectedly in a very large group near closing time on a quiet Tuesday night without any forewarning.
- The situation on 12 November could possibly have been avoided if the father, Mr Stokes, had taken the opportunity to inform Mr Hoban, when they met some days earlier, that they may be visiting his pub after the mother's month's mind on 12 November.
From the evidence before me, I have formed the opinion that, in the hour leading up to closing time on 12 November 2002 , the group of Travellers started to arrive in Hoban's pub at irregular intervals. While service was provided to some, if not all of the group, I consider that it would soon have become evident that many of the group had a lot of drink taken already.
In such a situation, I believe that that there is an onus on the publican, under the licensing acts, to assess the situation and to make a decision as to whether to continue service, based on the circumstances that present themselves, regardless of the background of the group involved.
In this particular case, because of the circumstances on the night, I have formed the opinion that the publican was entitled to have a genuine concern about his ability to comply with his obligations under the Licensing Acts. Accordingly, if service was refused prior to closing time as the complainants claim, I consider that the publican was entitled to do so, regardless of whether the group involved were Travellers or not, and that his decision constituted "Action taken in good faith" in accordance with the provisions of Section 15(2) of the Equal Status Acts 2000-2004.
I, therefore, find that the respondent in this case had a genuine non-discriminatory reason for any decision made to refuse service on 12 November 2002.
Decision
I find that the complainants have failed to establish a prima facie case of discrimination 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
30 January 2007