Act now to meet legislation laid out in the DDA

Pub operators need to act quickly to meet the government's imminent disability discrimination legislation, warns expert Alex Taggart.

Thousands of pubs, clubs and restaurants across the UK are risking fines and legal action by not reacting quickly enough to legislation designed to increase access for disabled people.

The Disability Discrimination Act (1995) (DDA) aims to eliminate the discrimination many disabled people face and businesses have until 2004 to fulfil their obligations. But I believe the UK licensed trade is far less aware of the implications of the act than their counterparts in other industries and most won't have carried out the necessary work in time.

Licensed premises will have to take reasonable steps to remove, alter, or avoid physical features that make it impossible or unreasonably difficult for disabled people to use their service.

Many establishments aren't aware of the act's implications and those that are think they have until 2004 to carry out the work. However, the legislation was introduced seven years ago and many of the requirements have been staged in already.

Another common misconception is that all is required is a wheelchair ramp. But out of the 8.4 million people in the UK who are registered as physically disabled, only 10 per cent are in a wheelchair.

Licensed premises are particularly failing to consider those with other disabilities such as visual and hearing impairments. This act is not just about making physical changes to premises, it's about changing policy, raising awareness among staff and, in many cases, altering the way a service is provided. This may require a profound change in attitude and management for some establishments.

As a nation, our entire attitude towards disabled people will have to change and pubs, clubs and restaurants must make themselves aware of what is required. The Disability Rights Commission (DRC), the government's policing agency, not only provides an advice service for disabled people, it will assist in helping them take legal action.

The DRC will, quite rightly, actively raise the profile of this act and disabled people will become more aware of their rights. Licensees should bear in mind that this is the only piece of legislation where a complainer doesn't need to have suffered a loss to be awarded compensation.

In my opinion the licensed trade has been particularly slow to react because disabled people have been largely unaware of their rights.

Disabled people tend to visit pubs they know and avoid busy pubs where they run the risk of not having access, not being served or even thrown out because a speech impediment is misinterpreted as being a result of drunkenness.

However, it is against the law to discriminate against the disabled by being unable to provide them with the same level of service as everyone else. Many pubs have disabled toilets because they are part of building regulations but don't provide access to the building and that won't be allowed to continue.

But the licensed trade should not see this legislation as a negative thing.

Disabled people have a spending power of £40bn. It may not cost a business as much money as you think to make changes and these can be part of a planned maintenance programme.

Courts won't raise an action if you are seen to be doing something - as long as it's completed within a reasonable time. For example, pubs don't have to lower their bar for a wheelchair user. Instead they can make it clear that a table service is available if required - it's all about providing a service and that can be done in more than one way.

• Alex Taggart heads a specialist team at design and construction company Capita Property Consultancy and is a member of the National Register of Access Consultants.

The Disability Discrimination Act​

Part III of the Disability Discrimination Act gives disabled people rights of access to everyday services that others take for granted - including a visit to the pub.

The law is coming into force in three stages:

• treating a disabled person less favourably because they are disabled has been unlawful since December 1996
• since October 1999, service providers have had to consider making reasonable adjustments to the way they deliver their services so that disabled people can use them
• the final stage of the duties, which means service providers may have to consider making permanent physical adjustments to their premises, comes into force on October 1, 2004.

The Disability Rights Commission, through their helpline and website, provides information and advice to both disabled people on their rights and to service providers on their duties under the DDA.

It has published a code of practice called Rights of Access, Goods, Facilities, Services and Premises which is available from its website - www.disability.gov.uk

Access profits​

According to the last census there were more 11.5 million people over retirement age living in the UK, many with mobility problems. There are also at least 8.5 million people with disabilities. That adds up to more than 15 per cent of the population.

It is estimated that disabled people have in excess of £40bn combined spending power, so removing the physical barriers that prevent them from using your pub is not only a legal necessity but makes sound business sense as well.

The penalties for non-compliance go beyond the financial. Disability rights activists are determined to ensure they receive as good a service as the rest of the population, so the results of any legal action on their part could mean costly court cases for you, bad publicity and the loss of your hard-earned reputation.

Last summer's Publican Market Report​ showed that the trade is making progress with conforming to the legislation, with the proportion having made building alterations rising to 24 per cent of the sample.

The number of licensees who trained their staff to serve disabled people shot up from 14 per cent to 21 per cent.

But surveyors specialising in disabled access audits have described the response of the licensed trade as slow, and with less than a year to go there is no time to lose in making sure your pub stays within the law and seizes a lucrative opportunity.

Loobicle causes minimum disruption​

One important requirement of the Disability Discrimination Act that will have to be observed by all publicans is the provision of suitable toilet and washroom facilities, which are already part of building regulations.

Not only do toilets for disabled people have to meet the standards and specifications laid out in the Act, they also have to be positioned in a relevant place.

Building works can obviously cause a lot of disruption to a business and adding new facilities could well take up valuable trading space and adversely affect your turnover.

A bright idea that might help is the Loobicle. It is a ready-built accessible toilet unit which can become part of your pub with the minimum of disruption to your business and is cheaper and quicker than building an extra toilet on site.

It is fully constructed at the factory and needs only to be transported to the pub and connected to mains electricity and the cold water supply.

The Loobicle has the Local Authority National Type Agreement Certificate (LANTAC) and is suitable for installation in a wide range of situations. Its exterior can be finished in a variety of materials to blend in with your existing premises.

It can