What is Race Discrimination in Pubs?
Discrimination on the ‘race ground’ occurs where there is less favourable treatment of one person compared to another person because they are of different race, colour, nationality or ethnic or national origins.
A pub cannot refuse to let you in because you are a different race, colour, nationality or ethnic or national origins, or because you are with such a person, or because the staff think you are such a person.
What law protects you against discrimination in Pubs?
There are two laws that protect you against discrimination in pubs.
- The Intoxicating Liquor Act
- The Equal Status Acts
The Intoxicating Liquor Act protects against discrimination on or, at the point of entry to a licensed premises (for example, a pub, or restaurant; or any place that holds a license to sell alcohol)
The Equal Status Acts protect you if you experience discrimination by a licensed premises via telephone or by email (in other words if the claimed discrimination does not occur “on or, at the point of entry” to that premises)
How can you complain?
There are two different routes for complaints about discrimination by pubs.
Places selling alcohol - point of entry discrimination
Claims of discrimination that occur “on or, at the point of entry” to a licensed premises (for example, a pub, or restaurant; or any place that holds a license to sell alcohol) are dealt with in the District Court.
You can access the relevant court forms from the Courts Service. The main relevant provisions are contained in the Intoxicating Liquor Act 2003, as amended.
Places selling alcohol - Non point of entry discrimination
If the claim of discrimination against a licensed premises occurs via telephone or by email (in other words if the claimed discrimination does not occur “on or, at the point of entry” to that premises) then any such claim should be directed to the Workplace Relations Commission.
How do I know which law applies to me?
Challenging discrimination in pubs can be complicated and difficult.
In our recent review of the Intoxicating Liquor Act, we found that Section 19 makes it harder for people, and particularly Travellers, to challenge discrimination in pubs, bars and other licensed venues. We also found that Section 19 fails to meet EU equality law requirements, leading to uncertainty and inconsistency in how Irish courts handle these cases.
We have recommended that the law is changed to make this process easier.
Watch our video where Martin and Brigidmarie share their lived experience of discrimination and explain how difficult it was to take a case under the Intoxicating Liquor Act to the District Court.
Their story highlights why legal protections must work in practice for everyone.
Have you experienced discrimination for another reason?
Select the ground and area where you have experienced discrimination