One year to comply

The Disability Act soon comes into effect. Adam Withrington reports.

Despite a national campaign to open up business to the UK's 8.5 million disabled people, many publicans will be unaware that only 12 months remain before the Disability Discrimination Act (DDA), kicks fully into action.

By October 1, 2004, pubs have to make sure they are accessible to disabled people.

Disability minister Maria Eagle has gone on the record as saying: "Wise up quickly - if you haven't dealt with your obligations by the time the law changes you might be taken to court."

So it is surprising to learn that 48 per cent of respondents to The Publican Market Report 2003 said they had done no work to comply with the DDA.

A recent tour of London pubs by disabled staff from the Disability In Camden group found that three-quarters of them were next-to-useless for their needs.

Even if changes don't have to be made to the building, staff attitudes to the disabled must be considered.

Peter Williams from the Training Bank, which consults on disability issues, says: "Licensees can't be directly prosecuted for not training staff on the DDA. However, the consequences of not training might lead to one of your staff unwittingly discriminating against a disabled customer, which leaves you open to prosecution."

Mr Williams was also concerned about confusion over just who is responsible for making pubs compliant with the legislation.

But David Driver, director of Configure, a company that consults on the DDA, says this shouldn't be a problem.

"If you occupy a building and provide services to the public from that building, it is your responsibility for making DDA adjustments. This applies irrespective of whether the building is owned by you, or whether you rent the building from a landlord." In other words it is the tenant's responsibility.

However, according to Mr Driver, three recent rent reviews have gone to arbitration and resulted in a lower rent because the tenants said they needed financial assistance to cover the costs of DDA compliance.

"An intelligent and proactive landlord will want to ensure that his or her tenants are getting on and making the changes. If they don't they are liable to have to lower their rents," Mr Driver added.

Whether or not landlords can succeed in their bid to force tenants to make changes to comply with the DDA depends on the tenancy agreement. The best advice for both tenant and landlord on this issue would be to study the agreement.

Mr Williams remains concerned that licensees will continue to avoid the issue of compliance. He said: "There is a widely held feeling of 'it doesn't affect me'. Actually, it does."

Pictured: Catherine Bowditch (left) from Tyne & Wear, launching the Open 4 All campaign at Grey's Monument, Newcastle upon Tyne.​

DDA compliance can be a boost​

Complying with the Disability Discrimination Act 1995 (DDA) shouldn't just be a means to avoid breaking the law - it can provide your business with a real boost, according to Peter Kemp, chairman of the National Forum of Wheelchair User Groups (pictured)​: "Disabled people across the United Kingdom have a combined spending power of £54bn per year. That is the official figure published by the Department for Work and Pensions," he said.

"If we then add to that the spending power of the family and carers of disabled people who help take them shopping or buy goods on their behalf, the figure practically doubles. The combined spending power of all those people is enormous.

"Rather than view the DDA as another burden to business you could see it as a step in working towards an inclusive society. You will probably face some cost implications in order to ensure compliance but there are many low-cost options available like having a low-level counter for wheelchair users.

"I enjoy a drink and a meal as much as the next man," Peter added. "I like to go to the pub and enjoy the hospitality offered to all. But my disability means that I have to use a wheelchair for mobility.

"Simple things like entry ramps, help call buzzers and intercom systems mean a lot to disabled people. They also help people like me become regular customers."