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?
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.
Grant Project
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
Grant Project
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.
Read more
Have you experienced discrimination for another reason?
Select the ground and area where you have experienced discrimination