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Are there any legal experts can answer a question about pub laws?


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The only possible argument I can see is an Equality Act one.

 

As a service provider, the pub can't discriminate against someone because of a protected characteristic. Maternity or pregnancy is a protected characteristic and includes having a child as well as being pregnant.

 

You could say that was discriminatory but the pub is still allowing parents I suppose. Not as clear cut as I first thought on reflection.

 

As a side note, being a private club etc isn't a defence. A private members club still can't discriminate without justifiable reason.

 

 

Posted from Sheffieldforum.co.uk App for Android

 

---------- Post added 08-08-2013 at 06:50 ----------

 

To add...

 

You could ban football colours, fans of certain clubs, people with certain colour hair etc but not for example Chinese people. It's all about protected characteristics.

 

 

Posted from Sheffieldforum.co.uk App for Android

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The only possible argument I can see is an Equality Act one.

 

As a service provider, the pub can't discriminate against someone because of a protected characteristic. Maternity or pregnancy is a protected characteristic and includes having a child as well as being pregnant.

 

You could say that was discriminatory but the pub is still allowing parents I suppose. Not as clear cut as I first thought on reflection.

 

As a side note, being a private club etc isn't a defence. A private members club still can't discriminate without justifiable reason.

 

 

Posted from Sheffieldforum.co.uk App for Android

 

---------- Post added 08-08-2013 at 06:50 ----------

 

To add...

 

You could ban football colours, fans of certain clubs, people with certain colour hair etc but not for example Chinese people. It's all about protected characteristics.

 

 

Posted from Sheffieldforum.co.uk App for Android

 

What's needed is someone to take a disabled child in, in a buggy. That should confuse the Landlord.

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This interesting:

http://www.beerandpub.com/industry-briefings/children-in-pubs

 

Many years ago my wife and I wanted to have a drink in a pub where we were friendly with the landlord.

We had our 2 year old with us but he let us take her in as a favour, as long as she was out of sight of the local bobby should he put his nose round the door.

Those were the days when coppers actually pounded the beat.

I hadn't realised that things had changed in 2003.

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The only possible argument I can see is an Equality Act one.

 

As a service provider, the pub can't discriminate against someone because of a protected characteristic. Maternity or pregnancy is a protected characteristic and includes having a child as well as being pregnant.

 

You could say that was discriminatory but the pub is still allowing parents I suppose. Not as clear cut as I first thought on reflection.

 

As a side note, being a private club etc isn't a defence. A private members club still can't discriminate without justifiable reason.

 

 

Posted from Sheffieldforum.co.uk App for Android

 

---------- Post added 08-08-2013 at 06:50 ----------

 

To add...

 

You could ban football colours, fans of certain clubs, people with certain colour hair etc but not for example Chinese people. It's all about protected characteristics.

 

 

Posted from Sheffieldforum.co.uk App for Android

 

I would have thought that whilst being a child, being pregnant, whatever are protected characteristics - I suspect being a pram isn't. Possibly ok to ban the pram but not the child ? I'm no expert :D

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Hi, thanks for reading.

 

I'm looking for anyone with genuine legal knowledge about the pub trade to answer something that has had me wondering for a few days. I have looked and googled around and asked but have not been able to come across a factual answer.

 

Basically I came across a sign outside a pub that banned prams from the premises - "no prams allowed on the premises at any time." By 'prams' I assume they mean it as an umbrella term for all buggies, pushchairs etc. The pub did allow children until 7pm but not prams. My question is, quite simply, is this legal?

 

It is not legal, I gather, to ban wheelchairs, so if it is legal to blanket ban prams why is it not to ban wheelchairs. Or how about large bags, shopping trolley's etc? Is this not discriminatory in some way?

 

* Please note: I am NOT interested in general opinion about children in pubs or such debates. I am only interested in the factual, legal position of this, so please do not spam and troll this thread if you have no factual advice to give. If you want to discuss that then open a new one and do so there.*

 

Thank you.

 

Should I be able to walk into the pub with my pushbike?

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Why would anyone want to take a pram in a pub anyway ?

In our country that's no setting for a child, is it ? We British tend to go to pubs to get drunk, don't we ?

 

Wouldn't take my kids anywhere near a pub if i'm honest.

 

I've taken mine before, either during a nice walk and stop for 1 or 2 before going home.

or going with family when they visit for a meal

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The only possible argument I can see is an Equality Act one.

 

As a service provider, the pub can't discriminate against someone because of a protected characteristic. Maternity or pregnancy is a protected characteristic and includes having a child as well as being pregnant.

 

You could say that was discriminatory but the pub is still allowing parents I suppose. Not as clear cut as I first thought on reflection.

 

As a side note, being a private club etc isn't a defence. A private members club still can't discriminate without justifiable reason.

 

 

Posted from Sheffieldforum.co.uk App for Android

 

---------- Post added 08-08-2013 at 06:50 ----------

 

To add...

 

You could ban football colours, fans of certain clubs, people with certain colour hair etc but not for example Chinese people. It's all about protected characteristics.

 

 

Posted from Sheffieldforum.co.uk App for Android

 

Thanks that’s interesting. The full sign read:

 

Strictly no children after 7pm - parents with children will be asked to leave at 7pm. No children allowed in the bar area at any time. Strictly no prams allowed on the premises. Come a stranger, leave a friend.

 

From that I inferred something like this:

We don't like children in the pub but we can't turn down the trade as we are close to a funfair, so children allowed grudgingly to a certain degree. However, we don't like screaming babies so none of those and we can live with losing that portion of the market. We’ll say something nice at the end.

 

For me this discriminates all parents with children under two and those with babies etc. There were no provisions to fold down buggies and put them in a particular area. There were no beer garden/outside seating area etc – it appeared that if you had a pram of any sort you just weren’t allowed to enter the pub. I just wondered if this were legal as I suspected that a landlord couldn’t do with same with wheelchairs, if he was concerned with blocking the gang ways etc, even though most wheelchairs are bigger. There were also no notices against big walking rucksacks, of which in the area there were a few walkers. I just wondered on the legal position, if this were legal or discriminatory. It looks like this is perfectly legal though – as he is the ‘guv’nor’, unless you are having second thoughts about it?

 

Does the fact that it's a public "house" have any bearing.. I can stop anyone I want from coming into my house (more or less)...does a landlord have the same option?

 

No clearly the landlord has less rights than a homeowner. As is seen you can ban anyone from entering your house, those with wheelchairs, Chinese etc, but the publican can’t as above. Another interesting point is B&Bs and guest houses. I remember reading about some B&B owners saying no to same sex couples, clearly banning on grounds of sexuality, though I forget now if this was legal or not. I'll read up on it.

 

I would have thought that whilst being a child, being pregnant, whatever are protected characteristics - I suspect being a pram isn't. Possibly ok to ban the pram but not the child ? I'm no expert.

 

But if you are making absolutely no provision for the pram and not allowing it on the premises, then surely you are effectively banning the child and the parents of the child?

What's needed is someone to take a disabled child in, in a buggy. That should confuse the Landlord.

 

Awesome!

 

Should I be able to walk into the pub with my pushbike?

 

Ha, ha. I have tried it once and wasn’t allowed. It was raining like mad one day so we went to our usual pub after tennis, I shall not name it, and the backyard was closed up. I asked if they could open up the backyard to drop the bikes off as usual but they said no as the landlord was up a ladder on the back. So I asked if I could bring my bike in while I had a pint and dried off – it was a stone floor etc and there was plenty of room, but they just looked at me in horror, so I walked away and have never been back since. Though there were no notices on the door blanket banning people with bikes…

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Why would anyone want to take a pram in a pub anyway ?

In our country that's no setting for a child, is it ? We British tend to go to pubs to get drunk, don't we ?

 

Wouldn't take my kids anywhere near a pub if i'm honest.

 

You can go in for breakfast, or for abit of lunch?

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