Can you be denied service at a pub for being under 21? [Archive] - Beyond.ca - Car Forums

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e36bmw///

11-10-2010, 05:50 PM

Cos

11-10-2010, 05:54 PM

Short Answer: Yes, yes, no

Long Answer: A private establishment can deny anyone they want service. It is private property. Just like I could charge for drinks at my house and deny you service because you are under 24. Not breaking any laws as it is private property. Technically they could deny you because of your looks, sex, or even race (which a lot of clubs in calgary 'do' but dont publicize). You do not have a RIGHT to enter someones establishment. It would be like claiming wrong doing if a restaurant was full. Also there are clubs that deny you service based on what you wear too.....

http://www.unboredme.com/media/jersey-shore.jpg

HuMz

11-10-2010, 05:55 PM

Yes they can, they can pretty much not alow anyone they don't want too. I can remember after I turned 18 they made Dixons 21 and over because of all the fights.

ericchoweg

11-10-2010, 06:09 PM

they always reserve the right to refuse service to anyone and they never have to tell you why they aren't giving you service

chkolny541

11-10-2010, 06:19 PM

totally legal, as stated above, they can choose to do anything they want, they can have "no asians allowed" and be totally fine

e36bmw///

11-10-2010, 06:38 PM

Scuderia

11-10-2010, 06:40 PM

Originally posted by Cos
Short Answer: Yes, yes, no

Long Answer: A private establishment can deny anyone they want service. It is private property. Just like I could charge for drinks at my house and deny you service because you are under 24. Not breaking any laws as it is private property. Technically they could deny you because of your looks, sex, or even race (which a lot of clubs in calgary 'do' but dont publicize). You do not have a RIGHT to enter someones establishment. It would be like claiming wrong doing if a restaurant was full. Also there are clubs that deny you service based on what you wear too.....

http://www.unboredme.com/media/jersey-shore.jpg

LMAO is that pic real? Is it actually used at an establishment? The owner must have some serious clientele to do that..

Cos

11-10-2010, 06:41 PM

Originally posted by e36bmw///
cool thanks guys

I knew about the "private property" thing, just thought if they deny you, they must deny everyone else

If the rules are vague enough, good luck fighting them....

Originally posted by e36bmw///

don't think you can charge for drinks at your house though. legally anyway. Unless you have a bar licence.

correct me if i'm wrong

True, bad example.

Spoons

11-10-2010, 07:09 PM

Originally posted by Scuderia

LMAO is that pic real? Is it actually used at an establishment? The owner must have some serious clientele to do that..

Yeah I've seen it before. I believe that is outside of Level night club in Kelowna.

T-Dubbs

11-10-2010, 07:23 PM

Originally posted by Spoons

Yeah I've seen it before. I believe that is outside of Level night club in Kelowna.
look at the photo
it says republic on it

t-im

11-10-2010, 07:27 PM

Originally posted by Spoons
Yeah I've seen it before. I believe that is outside of Level night club in Kelowna.
http://eater.com/archives/2010/02/26/nola-nightclub-bans-anyone-dressed-like-snooki-paulie-d.php
It's a club in New Orleans.

BrknFngrs

11-10-2010, 07:35 PM

I'm not sure of the legality of turning people away but I've had this happen to my girlfriend in the past and I've solved it by speaking directly with the owner.

mazdavirgin

11-10-2010, 07:59 PM

Originally posted by chkolny541
totally legal, as stated above, they can choose to do anything they want, they can have "no asians allowed" and be totally fine

I guarantee that they can't actually do that. Neither can the discriminate based on age unless of course you are under 18 and they can't legally have you in there anyways... The only way around this is being a private club with a membership fee and a members list. Clubs get away with it because the rules are "unofficial".

msommers

11-10-2010, 08:06 PM

I'm really surprised a pub would do that but they can deny you entry/service.

EG STyLeZ

11-10-2010, 08:08 PM

Originally posted by mazdavirgin

I guarantee that they can't actually do that. Neither can the discriminate based on age unless of course you are under 18 and they can't legally have you in there anyways... The only way around this is being a private club with a membership fee and a members list. Clubs get away with it because the rules are "unofficial".

What exactly is the legality of denying a potential patron entry to a club if it is clearly based on their ethnicity, age, sex, or any other type of discrimination?

Mitsu3000gt

11-11-2010, 05:41 PM

Originally posted by mazdavirgin

I guarantee that they can't actually do that. Neither can the discriminate based on age unless of course you are under 18 and they can't legally have you in there anyways... The only way around this is being a private club with a membership fee and a members list. Clubs get away with it because the rules are "unofficial".

If its private property, how is that any different than not allowing Asians into my own home? (Asians are welcome in my home, for the record LOL). You can let in whoever the hell you want, and keep out whoever the hell you want. Its not right, but I don't think anyone can get in any real trouble over it.

dj_rice

11-11-2010, 07:42 PM

Originally posted by Scuderia

LMAO is that pic real? Is it actually used at an establishment? The
owner must have some serious clientele to do that..

Pic is real, its also posted outside Lucky 13's in Edmonton.

Joe-G

11-11-2010, 07:56 PM

I think i saw that at Classic Jacks as well? Theyre 21 and up as well, but i had no problems getting in.

texasnick

11-12-2010, 02:33 PM

Originally posted by dj_rice

Pic is real, its also posted outside Lucky 13's in Edmonton.

They're everywhere in DT Vancouver as well. Pretty sure I saw one on 17th at one of the bars too. Good policy to have IMO.

WhippWhapp

11-12-2010, 02:56 PM

Originally posted by texasnick

They're everywhere in DT Vancouver as well. Pretty sure I saw one on 17th at one of the bars too. Good policy to have IMO.

This is a great policy, would like to see establishments adopt it.

gran turismo

11-12-2010, 03:32 PM

I would think this is illegal. Apply this scenario to another private business like a privately owned grocery store. Can you imagine if they denied you entry based on your age or skin color? I can't imagine this is within the law.

The problem is I think it's probably way too difficult to prove discrimination nor does it really benefit the person being discriminated against if they pursue it. If you won a lawsuit allowing you entry, would you really want to go to an establishment that you know you're not welcome in?

Dycker

11-13-2010, 01:48 PM

You could argue the poster does discriminate based on skin colour...

rm777

11-21-2010, 07:44 PM

Originally posted by Mitsu3000gt

If its private property, how is that any different than not allowing Asians into my own home? (Asians are welcome in my home, for the record LOL). You can let in whoever the hell you want, and keep out whoever the hell you want. Its not right, but I don't think anyone can get in any real trouble over it.

Charter of Rights and Freedom. Your house is not governed by public laws such as discriminatory practices based on gender or sex - s.15.

The only way to get around it is to make the club private through a membership. But courts have recently been cracking down on this type of discrimination.

I know of no cases brought to court based on these types of circumstances. The question is whether this type of discrimination can be saved under s.1 of the Charter. For example, different insurance rates for men under 25 are higher than rates for females under 35, as most of you know. This is discrimination but it is saved under s.1 of the Charter as a pressing and substantial objective and thereby being demonstrably justified.

A very interesting topic.