The Disability Discrimination Act comes into force just a year from now
A year from now the Disability Discrimination Act (DDA) will be fully in force. Generally speaking the pub trade has resisted the urge to panic. But a smidgeon of urgency wouldn't go amiss.
By October 1, 2004, all service providers have to ensure they are accessible to disabled people. That includes pubs and it includes nearly nine million people who are officially classified as disabled.
The way things are, we can expect a flood of litigation aimed at pub companies and licensees with penalties of up to £50,000 for those found guilty of discrimination.
It would be nice to be able to list a few things you could do to make sure you stay inside the law. But not only will the measures you should take vary from pub to pub, the whole thing is subject to case law. We will see a whole string of test cases before we can be sure exactly what the law demands.
Pubs will be a likely target. We know that because they are already a target. Take a look at the website of the Disability Rights Commission (DRC), the body charged with representing disabled people who feel they have been discriminated against.
It has already taken many cases - 84 of them last year - through the courts based on the earlier stages of DDA legislation and pubs, bars and restaurants are prominent in the list of examples.
Penalties of thousands of pounds have hit pubs which have:
- refused entry to guide dogs and hearing dogs
- refused to serve people with learning difficulties
- refused entry to a person with a skin complaint.
There is also a case of a man with a false leg who was stopped from going into two bars at Manchester's Printworks complex because doorstaff thought he was drunk. One bar has settled out of court and the other case is still being pursued.
The final phase of the DDA will broaden the opportunities for litigation to the physical structure of the building, for instance difficulty of wheelchair access and the lack of a toilet designed for disabled people.
As The Publican has reported, unscrupulous firms have already tried to exploit this by cold-calling pubs and trying to persuade them they need expensive structural alterations.
But that isn't necessarily the case. The DDA only demands that service providers make "reasonable" adjustments. It is, in fact, the definition of the word "reasonable" that will be at stake in the courts.
Experts are pretty well agreed, for instance, that the law is unlikely to insist that a listed pub starts knocking down 16th century walls to make way for wheelchairs. Or that a very small pub is forced to build a disabled toilet that takes up half the bar.
But there are plenty of simple measures you can take that need not cost a fortune or ruin the ambience of the pub and prove an invaluable defence if and when the writs start flying.
Facts about the disabled
Who are disabled people? Don't assume the law only covers wheelchair users. As they grow older many will come under the definition of a disabled person because they can't see or hear or walk so well. Learning disabilities also come under the DDA as does facial disfigurement.
You are protected under the law if your impairment is substantial, affecting your ability to carry out normal day-to-day activities, and is likely to last for more than a year.
- nearly nine million people in the UK have a disability
- only 600,000 of those are wheelchair users
- at least one in four of your customers will have a disability or be close to a disabled person
- only three per cent of disabled people were born with a disability
- disability increases rapidly over the age of 45
- disabled people have an annual spending power of between £40m and £60m.
The Act
The Disability Discrimination Act 1995 states that:
- in December 1996 it became unlawful to treat a disabled person less favourably because of their disability
- in October 1999 service providers were obliged to change practices that made it unreasonably difficult for disabled people to make use of their services
- by October 2004 they have to make reasonable adjustments to the premises to overcome physical barriers to access.
Disability Rights Commission
The Disability Rights Commission (DRC) is the body that takes up cases under the DDA on behalf of disabled people. Its website contains useful information, a summary of the law and case studies. Go to www.drc-gb.org.
Staff training is the key
The very least you should do to make your pub Disability Discrimination Act compliant is to train your staff.
This has been a clear legal requirement since 1999 but how many publicans have done it?
Barstaff have to be aware of the varying needs of disabled people and the different ways of ensuring that the service they receive is as good as anyone gets.
They will often be the ones who make access possible, perhaps by moving furniture or helping people through doors.
They may have to read a menu to blind people or write things down for a deaf person. It may be a good idea to have staff prepared to serve at tables.
Much of this is common sense and there are no strict rules. But the people you employ must be made aware that your pub has a duty to serve disabled people - and that they are responsible for delivering that service. An insensitive attitude could quickly land you in court.
Pauline Guthrie has trained hospitality staff in serving disabled for the past nine years. She says the main barrier to good service is fear.
"I start by getting people to talk about their fears and anxieties when faced by disabled people," she said.
"The problem is that staff don't know quite what to do so they tend to back off and that automatically makes them unhelpful. Or they are friendly in an over-the-top way.
"It's a matter of understanding that the disabled want the same things as other people - and they've got the money to spend.
"It just needs an extra bit of thought, offering to carry somebody's drinks over to the table, for instance."
As a disabled person herself, Pauline is often frustrated by pubs where she cannot get to the toilet.
"You know you can only down a couple of drinks before you're suffering and have to leave," she said.
"We have known about this legislation since 1995. That's plenty of time, and if a pub has the space for a disabled toilet they should have sorted it out by now.
"Licensees use the excuse that they don't have any disabled customers. But perhaps that's because their pub isn't accessible to them.
"They ought to turn that thinking on its head. If disabled people know there is a pub where they are safe and feel valued, they will become loyal customers, and one disabled person will tell 15 others about their good experience.
"Pubs should see this as an investment rather than a noose around their neck."