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Management reserve the right of admission

  • 08-10-2007 2:27pm
    #1
    GilGrissom
    Closed Accounts Posts: 76 ✭✭


    The phrase "Management reserve the right of admission", does it have any legal force in Ireland?

    Take a hypothecial sitaution, fred owns a shop and it is frequented by kids who hang around and buy nothing. Fred doesn't want them in his shop. Does fred have any legal grounds to tell them to piss off and don't comeback as he does not have a sign up like Management reserve the right of admission etc?

    Without the sign can anyone simply come in and fred can't eject them?


Comments

  • #2
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    GilGrissom wrote:
    Without the sign can anyone simply come in and fred can't eject them?
    Not really. Although a business premises by its nature provides assumed/implicit access to the public, it's not-free-for-all access. The proprieter naturally has the grounds to refuse access to anyone. Grounds for refusal are subject to equality law, but a proprieter can ban people for certain conduct, can refuse people for their attire attire (say wearing rollerblades) or otherwise refuse access to someone if he believes that the security of his customers or his property are at risk from that person.

    Much the same as the pub scenario, the proprieter doesn't need to specify a reason for refusing access to a member of the public, but if he does decide to give a reason, must be very careful that the reason he provides is legal. You cannot refuse anyone on the basis of:

    * gender;
    * marital status;
    * family status;
    * age;
    * disability;
    * race;
    * sexual orientation;
    * religious belief; and
    * membership of the Traveller Community.

    So if Fred gives a reason that is because of any of the above, he could be in trouble. Best to give no reason, just tell them they're banned from the shop (you can also ban someone from any other part of the property, provided that it belongs to him and is private) and not come back. If they come back or continue to trespass, he can contact the Gardai.


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