Refusal for smelling

rodrob111

I wonder what someone can do if they have a customer who smells dreadfully in an establishment that serves food, especially if the customer is perfectly happy to sit there for a couple of hours if not approached.

And I would be talking about a severe barnyard smell as apposed to a general unwashed smell.

MidlandsM

rodrob111 wrote: »

I wonder what someone can do if they have a customer who smells dreadfully in an establishment that serves food, especially if the customer is perfectly happy to sit there for a couple of hours if not approached.

And I would be talking about a severe barnyard smell as apposed to a general unwashed smell.

ermmm, maybe talk to them

rodrob111

i would just wonder from a legal standpoint what can you say?

seamus

R.O.A.R.

You would be perfectly entitled to deny the customer service and/or access to the establishment on the basis that their personal hygiene is upsetting to staff or customers.

However, good sense would be that you speak to the customer in private as there could be all sorts of slander and other liability issues if another customer heard what you were saying.

rodrob111

thanks for the reply. Slander is the main worry in these situations alright.
So as long as the warning is private it is safe legally?
And the person can actually be ejected for hygiene issues?

coylemj

rodrob111 wrote: »

thanks for the reply. Slander is the main worry in these situations alright.
So as long as the warning is private it is safe legally?
And the person can actually be ejected for hygiene issues?

If the communication is between you and the subject and nobody else is listening then you cannot be sued for defamation which is the replacement for slander and libel.

Defamation Act 2009, Section 6....

(2) The tort of defamation consists of the publication, by any means, of a defamatory statement concerning a person to one or more than one person (other than the first-mentioned person), and “ defamation ” shall be construed accordingly.

http://www.irishstatutebook.ie/2009/en/act/pub/0031/sec0006.html

Note the underlined (by me) text, the (spoken) words or (printed) published article must be to one or more persons other than the subject so if there is nobody else present or listening, there is no action for defamation.

Based on the 'right of admission reserved' scenario, I'd simply tell him you are not serving him and ask him to leave the premises. If he refuses to leave you can have him thrown out using the minimum of force. It might be better not to make a scene and publicly discuss hygiene because then he could get you on the defamation option, just throw him out based on the right of the occupier (you) to decide who you will and won't serve.