Eileen & Kathleen Quilligan
V
Templeacre Tavern, Cork
Eileen and Kathleen Quilligan each referred a claim of discrimination on the Traveller ground 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, the Director then delegated the case to me, Bernadette Treanor, 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 Act.
Summary of the Complainant's case
Prior to the incident complained of on 5th July 2003 the complainants had been in the habit of going to the Templeacre Tavern for about three months on Saturday nights. On 5th July 2003 they entered together and one ordered two drinks. They were told "Not tonight, you've had too much to drink". They said that they had had nothing to drink and asked for a reason for their refusal. They were told that the pub did not have to give a reason. One of the complainants, Eileen, left the pub and spoke to two Gardai, asking for a breathalyzer test. This was refused and she went back into the pub to rejoin her friend and then both left. Kathleen stated that while she waited for her friend she asked for change for the cigarette machine and this was refused. She also asked for a drink of water and this was also refused. Although their notification of the incident to the respondent referred to the complainants requesting a pen from other customers, when asked about this at the hearing they both stated that they did not speak to other customers. The complainants had been in many times before and were always treated in the same manner as other customers. On 5th July other people were was sitting there and they were the only two refused.
Summary of the Respondent's Case
The respondent was aware that the complainants had been coming to the pub for a number of weeks or months. On 5th July 2003 he had to make a call based on his perception of their demeanor. He felt that the way they were holding the counter and how they spoke indicated to him that they had already consumed alcohol. He decided that they had had enough and that he should not serve them alcohol that night. The respondent indicated that he had 'never had an ounce of bother with them' but on this occasion he made a call.
Conclusions of the Equality Officer
Both parties are agreed that the complainants had practically become regulars in the pub without any difficulties arising. Both are agreed that there was a refusal of service on 5th July 2003. The complainants are adamant that they had not had anything to drink before they went to the pub. The respondent is clear that while this may have been the case he had to make a judgement call on the night and in his opinion they had already had enough to drink.
Based on the evidence presented to me in this case I am satisfied that the respondent believed that the ladies had had enough to drink and that to serve them further would have been in breach of the Licensing laws. This is not to say that the ladies had, in fact, alredy been drinking. Simply that I accept the respondent believed this to be the case. I am also satisfied that the respondent would treat all customers in this manner. On that basis I do not accept that the complainants were treated less favourably because of their membership of the Traveller community and therefore they have failed to establish a prima facie case of discrimination on the Traveller ground.
Decision DEC-S2007-079
I find that the complainants have failed to establish a prima facie case of discrimination on the Traveller ground and this decision is in favour of the respondent.
Bernadette Treanor
Equality Officer
15th November 2007