Publicans to be protected under laws

PUBLICANS will get new protection in dealing with abusive and violent customers under laws to be published in January, Junior Justice Minister Willie O’Dea said yesterday.

Mr O’Dea welcomed a new report by the Commission Liquor Licensing published yesterday which dealt with the issue of the right to refuse service.

The report followed a series of disputes between publicans and members of the Traveller community arising from complaints taken under the Equal Status Act 2000.

The report contained criticisms of the agency assigned to investigating complaints by Travellers and suggested their function might be better carried out by either the District Court or a new body modelled on the Employment Appeals Tribunal.

It also criticised statements by both the equality investigators and the publicans’ representatives on the issue.

The report called for a code of practice under the Equal Status Act for publicans, hoteliers and restaurateurs to set out how and when service could be refused.

It also criticised publicans’ reluctance to get involved with mediation services offered by the equality authorities.

The commission condemned discrimination in any shape or form but also stated that licence holders have a right and duty to maintain an orderly premises, ensuring the safety of employees and customers. The report also recommended that existing legislation be amended to increase penalties for drunken persons refusing to leave licensed premises.

It also recommended that licence holders should be able to refuse admission and service to persons previously expelled from the premises for reasons of drunkeness. In the interest of public order the report recommends that publicans should have the right to refuse service or admission to persons to ensure that the premises operates in a peaceable and orderly manner.

The report also controversially suggests that discretion to refuse groups of people should also be granted to the licence holder.

The report stated that disorderly conduct and boisterous behaviour increased in a group context, whatever the makeup of the group may be, when drink was involved.