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Restaurant bans kids - discriminatory?

Restaurant bans kids - discriminatory?

Postby dls » Fri Dec 16, 2016 9:48 am

A restaurant has banned children undr 5. Is ti snot age discrimination.

The 2010 Act provides that it is not: "If the protected characteristic is age, A does not discriminate against B if A can show A's treatment of B to be a proportionate means of achieving a legitimate aim."

I am not convinced that it is a proportionate way of achieving an aim
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Re: Restaurant bans kids - discriminatory?

Postby Hairyloon » Fri Dec 16, 2016 11:51 am

Have you had ti snottage to deal with recently? ;)

A rule that bans screaming and running around disturbing other customers would appear to achieve the probable aim, but it is of course a lot harder to chuck someone out mid meal than to refuse to serve them in the first place.
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Re: Restaurant bans kids - discriminatory?

Postby dls » Fri Dec 16, 2016 12:30 pm

Evicting someone from a restaurant for misbehaviour is as you say, harder, but the question is whether my three delights can lawfully be banned because they are under 6.
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Re: Restaurant bans kids - discriminatory?

Postby Hairyloon » Fri Dec 16, 2016 12:45 pm

dls wrote:Evicting someone from a restaurant for misbehaviour is as you say, harder, but the question is whether my three delights can lawfully be banned because they are under 6.


If my answer did not answer the question, then my answer is that I do not know.
You have to measure the balance of the added difficulty of the eviction against the proportionality of the ban. I don't think it comes close, but that is my opinion and that should have been clear in my earlier answer.
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Re: Restaurant bans kids - discriminatory?

Postby 3.14 » Fri Dec 16, 2016 1:36 pm

Why would you want to take them to a place that doesn't want them?
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Re: Restaurant bans kids - discriminatory?

Postby atticus » Fri Dec 16, 2016 2:02 pm

As a parent, and when our two were younger, we took them to places that could feed them with what they would eat and where we wouldn't be waiting too long. Not just burger bars - we found some nice local cafes. I also remember a posh restaurant in Bristol, early evening, where the chef came out and talked to the kids about what they would like to eat, and he prepared a piece of chicken for one and macaroni cheese for the other.

We tried to keep our kids well behaved. But it can be tricky when they are tired. And this is why you don't expect small kids to sit still and quiet for a long time while the grown ups talk. It simply isn't fair on the little ones.

Now the kids are grown up, I agree with 3.14. Further, there are types of place that are not suitable for small kids. When we as adults enjoy a good meal out, we are often enjoying things that small kids find amazingly boring. Parents need to choose where they take their kids.

So yes, I can understand this ban as aiming to achieve a legitimate business purpose.
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Re: Restaurant bans kids - discriminatory?

Postby Hairyloon » Fri Dec 16, 2016 3:57 pm

atticus wrote:So yes, I can understand this ban as aiming to achieve a legitimate business purpose.


I can understand that, but I hold that a ban is a step too far.
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Re: Restaurant bans kids - discriminatory?

Postby atticus » Fri Dec 16, 2016 4:01 pm

A court or tribunal may yet rule on the question.

I think it likely that one or more situations arose which led to the decision to impose this rule.
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Re: Restaurant bans kids - discriminatory?

Postby Hairyloon » Fri Dec 16, 2016 4:04 pm

I expect you are right, but a ban on such situations may be effective without the need to potential discriminate unlawfully.
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Re: Restaurant bans kids - discriminatory?

Postby dls » Fri Dec 16, 2016 4:54 pm

The owner is applying the simplest and rudest logic - some kids are awful, so ban the lot.

I will not serve you because some other people, randomly associated by a protected characteristic, cause me difficulties.
I do not see where this starts from as either a proportionate response or as serving a proper need.

Substutute any other protected characteristic, and see what happens.
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