Know disabled customers' rights

This is an important month for disabled users of your pub. The third part of the Disability Discrimination Act, which was passed as long ago as 1995, has come into effect. But the Act has already affected the law in many ways. 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 such as pub operators may have to consider making permanent physical adjustments to their premises, came into force this month. The Act protects the rights of a wide range of people with sensory, mental or physical disabilities. This includes people who use wheelchairs; blind and partially sighted people; deaf people; people with arthritis; people with long-term illnesses; and people with learning disabilities. The Act also covers people with severe disfigurements and, in certain circumstances, people who have had a disability in the past ­ for example, someone who had severe depression but has since recovered. The Act excludes services not available to the public, such as those provided by private clubs to their members. But it applies to pubs, shops, restaurants and cafés and other facilities, such as toilets, car parking and information. Examples of discrimination which the Government is currently using are: l A publican refuses to serve a disabled person whom he knows has epilepsy. She is the only customer in the pub who is refused service. In the absence of a reasonable explanation ­ such as that she had no money ­ a court is likely to decide that there has been discrimination. l A small football club refuses entry to a visiting supporter because he has cerebral palsy and has difficulty co-ordinating and controlling his movements. No other visiting supporter is refused entry. The only reason for the refusal is the person's disability. That is less favourable treatment. If you want further details on how the law will work and what adjustments are considered "reasonable" for places such as pubs, then log on to the disability website (www.disability.gov.uk) and look at the guidelines for small and medium businesses. The Disability Rights commission also has some useful information on its own website and there is a comprehensive Code of Practice which you can download.