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MASTER | 03:06 Wed 17th Jan 2001 | Film, Media & TV
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If a pub has a toilet for disabled people, must it have disabled access as well?
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Under the Disability Discrimination Act any 'public building' has to provide access for the disabled, or a service for them to have their needs catered for outside of the premises. A pub would almost certainly be a 'public building' [a shop is]. Anyway, it seems a bit dumb to have a disabled toilet which the disabled cannot get to!
Many licensing justices (the magistrates who grant drink licences) have policies which require the provision of certain facilities as a condition of the licence. Clearly, these can only be policies because not everyone will be able to comply with them. For example, you cannot insist on such facilities where the pub has existed since 300 years ago and it is impossible to adapt.
Rules and regulations about pubs is a bit peculiar. I used to run one. Things may have changed since I was a publican, but it used to be like this: Although magistrates can impose conditions upon the licensee, a pub is essentially a private house. As such, the owner of the pub (who is not necessarily the licensee), is reasonably free to discriminate against whoever they wish. This can be seen by the number of pubs/clubs that bar under-25s, for instance. I believe that as a result of this, there would be no easy way to compel a pub to allow disabled access.

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