Rights of access

Legislation set to come into force in October 2004 means that pubs must step up a gear in how they cater for disabled people. Jackie Annett reports.

One in every seven people is disabled. That amounts to a total of eight and a half million disabled people in Britain alone. But how many do you see down the pub having a quiet drink?

The answer is not enough, according to the disabled. Many would like to enjoy an active social life - but are put off from a night out because pubs aren't equipped or staff have not received any training.

Hopefully this is all about to change. From October 2004, pubs will have to make more effort to accommodate disabled people. This may scare the life out of licensees, but making the effort to accommodate disabled people will pay off.

The Disability Rights Commission believes that if premises do more to welcome disabled customers they will see their profits increase. It's worth bearing in mind that disabled people's spend is estimated to be around £40bn.

Licensees certainly need to make sure they are familiar with the law. The Junction nightclub in Brighton, East Sussex, was fined £750 by Brighton County Court late last year for refusing entry to John Griffith from Moreton in Merseyside because he was blind. He was told he could not enter unless accompanied by an able-bodied person, as it would be too dangerous in the event of a fire.

And the problem of disabled access to pubs was highlighted again earlier this week when a wheelchair-bound MP was refused entry into a bar because staff thought she was a "fire hazard".

Anne Begg, the Labour MP for Aberdeen South, criticised pubs for ignoring the legislation set down in the Disability Discrimination Act and accused them of "blatant discrimination".

When looking to accommodate disabled people, licensees need to understand what constitutes as a disabled person.

Under the Disability Discrimination Act, a disabled person is defined as anyone who has a physical, sensory or mental impairment which seriously affects their day-to-day activities.

This can include people with heart disease, diabetes, epilepsy, severe disfigurement, depression, schizophrenia, Down's Syndrome and many other types of impairment.

So what will the new legislation mean? From October 2004, licensees will have to take reasonable steps to remove or alter physical features of premises, which make it impossible or unreasonably difficult for disabled people to enter a pub.

But don't do anything without checking with the local authority first. Tony Payne, chief executive of the Federation of Licensed Victuallers' Associations, said: "If licensees are thinking of building a ramp or making any changes to the pub, they must remember that they will need planning permission. And if they lease the premises they must also remember to check with the landlord before doing anything."

The Publican's Market Report 2002, a survey of 750 licensees, revealed that 55 per cent of premises do not have wheelchair access because publicans can't afford it or the premises are listed. But licensees need to get advice now so that they are fully prepared for the changes and realise exactly what they need to do.

It's not just about providing easier access, however. Mr Payne said the most important thing to remember was that licensees and their staff shouldn't treat disabled people any differently to how they would be expected to be treated themselves.

He said he was pressing the government for funding for the licensed sector so that pubs could implement some changes, but as yet had not had any luck. But not all changes have to be costly.

"Licensees could install hand rails in loos or on stairways for disabled people and this is something that doesn't necessarily have to be expensive," Mr Payne said.

It's important to realise however, that the act is not just about providing better access but also covers the employment of disabled people. Mr Payne advises licensees to seek advice if they receive an application for a position from a disabled person and are worried that they might be discriminating against someone if they don't offer them the job.

But don't despair as there is help at hand. Licensees worried about the changes should contact the disability rights commission on 08457 622 633 or log on to www.drc-gb.org.

If publicans go out of their way to make sure their premises are fully accessible to disabled customers then they will find that many people will choose their outlet time and time again.

Case study: JD Wetherspoon​

JD Wetherspoon is working hard to make sure all its pubs comply with the act and are welcoming to disabled customers.

All pubs are equipped with specially adapted toilets for the disabled and have wheelchair access.

If disabled people can't access the main door then there are separate entrances where a member of staff can assist the customer.

Some pubs even have chairlifts or passenger lifts to take disabled people from one level to another and there are low level counters so that customers in wheelchairs can approach the bar.

Staff are also instructed to help blind or partially sighted pub-goers with menus and to serve them at their table if necessary.

Independent environmental health expert Pat Perry has commended Wetherspoon for its work to help make disabled people's pub visits more enjoyable.

She said that in many respects the company was ahead of the game by providing stairlifts and having wider entrances in its pubs.

"Disabled people should have the right to go out and enjoy themselves," Ms Perry said. "Publicans need to bear in mind that they could be discriminating if the disabled toilet is locked, if public telephones in the pub are not at the right height, if the counter is too high and if they have not though of emergency procedures for disabled people."

Tara Blacklock, manager of the Plaza Tavern in Benwell, Newcastle, said her pub was very popular with disabled groups because her staff had been trained to be as helpful as possible. But she added that it is important not to talk down to customers or single them out and make them feel awkward.

Case study: Shepherd Neame​

Disabled pub-goers should receive a warm welcome if they visit a Shepherd Neame pub.

The Kent-based brewer has spent a lot of time and money ensuring that it has made both physical changes to its pubs and trained its staff well.

Human resources manager Graeme Endacott has been heavily involved in moving the company forward. He told thePublican.com: "It's not just about making physical changes to a pub. A large part of it is training staff so that they can be as helpful as possible. About two years ago when we were opening our pub, the Lock and Barrel in Frinton, Essex, we took a disabled lady, Mia so that she could help staff see what problems disabled people face.

"She told staff how she felt being wheelchair bound and even brought along an extra wheelchair so that staff could try it and see the problems that she had on a day-to-day basis."

Staff learned that even small details could cause problems for someone who is wheelchair bound or partially sighted. They have been taught to move furniture, open doors, offer table service for disabled customers, but at the same time not to patronise or fuss unnecessarily.

On top of this, the company has also surveyed its managed estate and implemented what changes it can. These include building ramps and adjusting floors so that they are level and lowering counters where possible.

Euro year of disabled people​

2003 has been designated the European Year of Disabled People by the European Commission.

At its launch in January, work and pensions secretary Andrew Smith announced he was planning on publishing a draft Disability Bill. He said: "The draft bil