What is Traveller Discrimination?
Membership of the Traveller community ground
If someone treats you less favourably because you are a member of the Traveller community and someone else is not.
Irish Travellers were recognised as a distinct ethnicity in 2017
‘Member of the Traveller community’ is defined as a member of a community of people who are commonly called Travellers and who are identified (both by themselves and others) as people with a shared history, culture and traditions including, historically, a nomadic way of life on the island of Ireland.
What is Traveller Discrimination in Pubs?
Discrimination on the ‘Traveller community ground’ occurs where one person is treated less favourably than another because one is a member of the Traveller community and the other is not.
A pub cannot refuse to let you in because you are a Traveller, or because you are with a Traveller, or because the staff think you are a Traveller.
What law protects you against discrimination in Pubs?
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)
What is covered under the law?
Licenced premises selling alcohol, such as pubs, nightclubs and membership clubs cannot discriminate on or at the point of entry to a licensed premises.
How do I complain?
There are two different routes for complaints about discrimination by pubs.
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.
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.
Frequently Asked Questions
Yes, as long as a notice setting out the policy is displayed in a conspicuous place in or on the exterior of the premises.
Case 1
Five Members of the Traveller Community v. A Hotel
The five people alleged that they had been discriminated against when they were refused service in a hotel bar. They had been attending a conference at the venue on issues affecting the Traveller community. They went to the bar after the conference only to be informed that they could not be served because the hotel was serving residents only.
Law: Intoxicating Liquor Act 2003
Year: 2019
Five Members of the Traveller Community v. A Hotel
The five applied to the District Court for redress under the Intoxicating Liquor Act 2003. Resolved through mediation.
Read more
Case 2
Applicants v. A Publican
The Commission provided legal representation to a group of men, members of the Traveller community, in respect of an incident in which they were denied service in a licensed premises.
Law: Intoxicating Liquor Act 2003
Year: 2017
Applicants v. A Publican
The group had been attending a human rights course and, at the end of the day, decided to go for a drink to a nearby pub. They entered the pub and approached the bar in pairs, however the bar staff refused to serve them claiming that only regulars were being served that night. The individuals involved applied jointly to the District Court for redress under the Intoxicating Liquor Act 2003. The matter was settled before hearing in November 2017, with agreement from the licensed premises to pay €6,000 compensation to each of the individuals, plus a further €500 payment to each, to be donated to a charity of their choice. It was a further condition of the settlement that the staff involved in the incident attend a course of equality training.
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Have you experienced discrimination for another reason?
Select the ground and area where you have experienced discrimination