Disability group prepares court action against Spirit

Spirit Group is facing legal proceedings over the lack of accessibility at one of its pubs.

In one of the first cases to target the pub industry under the Disability Discrimination Act (DDA), Spirit is being threatended with court action over "the lack of an accessible toilet" at the Shirley Inn in Croydon, Surrey. Julie Kirwan, a spina bifida sufferer and wheelchair user, complained to the Disability Rights Commission (DRC) after being unable to use the facilities at her local pub on October 2 2004.

The DRC said it is to pursue the case against Spirit Group on behalf of Ms Kirwan, as the pub group had failed to meet its demands set out in a "letter before action" on September 22. The letter asked for a written apology, payment of £3,000 for injury to Ms Kirwan's feelings and an agreement to undertake the necessary works.

However, as The Publican went to press, Spirit claimed it was now in the process of meeting the requirements placed on it by the DRC. "It has not commenced court proceedings and work is now in progress to undertake everything it has asked of us," said a spokeswoman.

Bert Massie, chairman of the DRC, warned that his organisation was getting tough on perpetrators, saying it would "vigorously pursue offenders through the courts.

The DRC said that more than half of the 1,500 complaints over access received by his organisation's helpline relate to the leisure and retail sectors, with access to toilets topping the list of grievances.

The DRC was keen to emphasise that the overall picture is "less gloomy", however, with 80 per cent of the 40 cases investigated over the past year being resolved positively. Alterations have been made to premises and, in some cases, complainants have been compensated.