I have received a number of representations about the Equal Status Act, 2000 as it applied to the licensed trade which raised issues concerning a perceived conflict between the rights of customers under the Equal Status Act and the rights and duties of licensees to manage their premises. In particular, vintners complain that the trend in cases heard to date have been unfavourable to licensees.
Complaints of discrimination are considered, in the first instance, by the Office of the Director of Equality Investigations. The office of the Director of Equality Investigations is an independent statutory office set up under the Employment Equality Act, 1998 and the director and her equality officers and equality mediation officers are independent in the performance of their functions. Under section 22 of the Equal Status Act, 2000 the director may dismiss a claim at any stage in the investigation if she is of the opinion that the claim has been made in bad faith or is frivolous or vexatious or relates to a trivial matter.
Once a case has been determined by the director, the complainant or respondent involved may appeal against the decision to the Circuit Court.
Regarding the question of licensees retaining control over their premises the position in the current licensing laws is that a licensee may refuse admittance or service to a person or require him or her to leave a licensed premises. For example, it is an offence to permit drunkenness, or any violent or quarrelsome conduct, in a licensed premises or to sell intoxicating liquor to a person who is drunk. Moreover, the renewal of liquor licenses is conditional on the peaceful and orderly manner in which the licensed premises were conducted in the year ending on the expiry of the licence.
Where licensees are the subject of threats of violence, actual violence and assault or extortion these are all criminal offences and as such should be reported to the Garda Síochána immediately.
While licensees may be required to refuse admission or service in certain circumstances, this power may not be exercised in an arbitrary, unreasonable or discriminatory way. Actions by a licensee that are arbitrary or unreasonable may give rise to objections to renewal of the licence. Moreover, discriminatory actions by the licensee that run counter to the provisions of the Equal Status Act, 2000 may be referred to the Director of Equality Investigations.