Ageism in a nightclub?

u2

I was out on saturday night and was refused admission 2 a well known dublin night club because they were "trying 2 keep it an older crowd 2nite". There was about 6 or 7 of us(lads and girls) who went up 2 the door 2gether and we are all between 19 and 21. As were outside we saw the bouncers let in loads of people who looked a lot younger than us.

None of us were scumbags and we were all well dressed,we had been drinking earlier(as every1 does) but werent at all drunk and we werent causing trouble outside. So the usual reasons 4 getting refused didnt apply 2 us. They didnt even give us a reason like "only regulars 2nite" they just said that "the management were trying 2 keep it 2 an older crowd 2nite"

I heard from a friend that it is illegal 2 refuse sum1 in2 a nightclub 4 being 2 young once you are over 18. Is that true? Is it illegal 2 disciminate like that or can nightclubs refuse who they like 4 whatever reasons they like?

super_furry

Management reserves the right of refusal. To be honest you'll just have to get used to it as it's going to happen to you a lot over the next few years.

Incidently, the word is 'to'.

swearne

u2 wrote:

I heard from a friend that it is illegal 2 refuse sum1 in2 a nightclub 4 being 2 young once you are over 18. Is that true? Is it illegal 2 disciminate like that or can nightclubs refuse who they like 4 whatever reasons they like?

If you spoke to the bouncer with that confusing dialect of English I'm pretty sure they would have presumed you were too drunk, or on mushrooms!! What have letters ever done to you?

jdivision

The legislation was changed a couple of years ago so now they can still stop you if you're over 18

layke

super_furry wrote:

Management reserves the right of refusal. To be honest you'll just have to get used to it as it's going to happen to you a lot over the next few years.

Incidently, the word is 'to'.

Not true.

A friend of mine took a well known pub in Terenure to court over exactly what the OP had. They said at the time "Were not letting you in because 18 year olds have been getting sick in the toilets". So he asked to speak with the manager, which was refused by the bouncer.

He then reported it to the equality commission for being discriminated for his age. I bet they didn't think it was so funny when they got a summonce in the post.

Anyway last I heard they never turned up for the court case so I don't know how it ended up but you can most definately make a complaint against them and if you like pursue legal action.

layke

jdivision wrote:

The legislation was changed a couple of years ago so now they can still stop you if you're over 18

Unaware of that. Anyone got a linky linky? The above was a few years back alright.

Edit ::

Just spoke to the mate of mine in question. He won his case in the end but the politicians (in all their wisdom) reverted it back as said above. Your best off going to equality.ie (I think it is) and checking that one out or maybe give them a call.

maidhc

u2 wrote:

I heard from a friend that it is illegal 2 refuse sum1 in2 a nightclub 4 being 2 young once you are over 18. Is that true? Is it illegal 2 disciminate like that or can nightclubs refuse who they like 4 whatever reasons they like?

OMG, dat is like so unfair. LOL.

I don't think they changed any legislation in relation to clubs being entitled to deny access on the grounds of age, but I may be wrong.

Kimbot

THe law is that if they want over 21's or over 23's etc they have to have it displayed where you can see it at the door and not just say it!!!
I would make an officiacl complaint about it!!!

goto www.oasis.gov.ie for legal tips!!

maidhc

Any source for this?

jonny24ie wrote:

THe law is that if they want over 21's or over 23's etc they have to have it displayed where you can see it at the door and not just say it!!!
I would make an officiacl complaint about it!!!

goto www.oasis.gov.ie for legal tips!!

Kimbot

maidhc wrote:

Any source for this?

I worked in the Dept of Justice, one of my colleagues went on a legal course and that was part of it, where they have to display the age restriction on the door!!!

I will try get something more concrete but I also know thats the way it is cos my dad owns 2 pubs!!

edit: me found it:

http://www.oasis.gov.ie/faqs/?search=nightclub#19

maidhc

Interesting, thanks.

HelterSkelter

Yup, the rule is that they have to display a notice such as over 21's, else they are breaking the law. If they didn't have a sign displayed you can take a case against them with the Equality Tribunal. You don't have to pay to take a case, you represent yourself and don't need any legal team. Check out their web site http://www.equalitytribunal.ie/ (This is the way a lot of Travellers go when taking a case against a pub/club that refuses them)

The Equality Authority are a Government body who will give you advice on Equality law and tell you if you have been discriminated against. If they think you have a good case they may even choose to represent you when you take your case to the Equality Tribunal. Their website is www.equality.ie.

egan007

u2 wrote:

I
I heard from a friend that it is illegal 2 refuse sum1 in2 a nightclub 4 being 2 young once you are over 18. Is that true? Is it illegal 2 disciminate like that or can nightclubs refuse who they like 4 whatever reasons they like?

Presumeably your friend texted you this

layke

http://www.equality.ie/index.asp?locID=77&docID=49

Have a read of that.

besty

OP, your post is dangerously close to asking for legal advice. I'll let it slide as it's not an explicit request, but be careful in future.

dermot_sheehan

Covered in this thread here:
http://www.boards.ie/vbulletin/showthread.php?t=229851

Basically due to the provisions of the inoxicating liquor act 2003 which amended the equal status act, they are allowed to operate and age restricted policy provided they do so in good faith and have a conspicuous notice. In addition any equality complaints against a licensed premises now have to be dealt with by the District Court and not the equality commissioner/equality tribunal

Our man in Havana

I take that to mean you have to wait till Licence renewal season to go to the District Court?

dermot_sheehan

Bond-007 wrote:

I take that to mean you have to wait till Licence renewal season to go to the District Court?

Nope, you can sue them and seek damages in the district court. Previously you could get the equality commissioner to take a case for you (or you could take one yourself) to the equality tribunal. The intoxicating liquor act however changed the procedure and requires you go to court.

focusing

gabhain7 is correct as usual.

They have to be consistent in their application of the age rule, so there's no room for saying an arbitrary phrase like "we'd like an older crowd tonight" without the requisite signage or allowing in some people who are younger than those who are turned away.

The main fear factors from the publican's point of view are that the DC can:

>Award compensation
>Shut them down for a week
>Leave them paying the complainant’s legal costs as well as their own legal fees
>Expose them to bad publicity

Also, the manager, proprietor and door staff will have to go through the hassle of attending court.

As a result of all of that, the publican should have the sense to give you some cash and a written assurance you will never be turned away again.

Our man in Havana

>Shut them down for a week

That's what they would be most fearful of in my opinion. The losses would be huge.