Equal Status Act 2000

Certain activities not discrimination.

15

15.—(1) For greater certainty, nothing in this Act prohibiting discrimination shall be construed as requiring a person to dispose of goods or premises, or to provide services or accommodation or services and amenities related to accommodation, to another person (“the customer”) in circumstances which would lead a reasonable individual having the responsibility, knowledge and experience of the person to the belief, on grounds other than discriminatory grounds, that the disposal of the goods or premises or the provision of the services or accommodation or the services and amenities related to accommodation, as the case may be, to the customer would produce a substantial risk of criminal or disorderly conduct or behaviour or damage to property at or in the vicinity of the place in which the goods or services are sought or the premises or accommodation are located.

(2) Action taken in good faith by or on behalf of the holder of a licence or other authorisation which permits the sale of intoxicating liquor, for the sole purpose of ensuring compliance with the provisions of the Licensing Acts, 1833 to 1999, shall not constitute discrimination.

F36 [ (3) ( a ) This subsection applies to the option given under subsection (2), (3) or (4) of section 34 of the Intoxicating Liquor Act 1988 to the holder of a licence of any licensed premises to allow a person under 18 to be in the bar of those premises at the times, or in the circumstances, specified in those subsections.

( b ) The non-exercise of the option to which this subsection applies shall not of itself constitute discrimination.

( c ) The reference in paragraph ( a ) to section 34 is to that section as substituted by section 14 of the Intoxicating Liquor Act 2003.

(4) If

( a ) the holder of a licence or other authorisation which permits the sale of intoxicating liquor adopts a policy of refusing to supply intoxicating liquor to any person below a specified age which exceeds 18 years,

( b ) a notice setting out the policy is displayed in a conspicuous place in or on the exterior of the premises, and

( c ) the policy is implemented in good faith,

a refusal to serve intoxicating liquor to such a person shall not constitute discrimination on the age ground.

(5) Subsections (3) and (4) are without prejudice to subsections (1) and (2) . ]

Annotations:

Amendments:

F36

Inserted (18.08.2003 and 29.09.2003) by Intoxicating Liquor Act 2003 (31/2003), s. 25, S.I. No. 362 of 2003.