Pub Party Cancellation

LizF

My son and a group of colleagues have booked a surprise party at a pub which is part of a national chain. The set amount per person has been paid in full some weeks ago and the party should be this coming weekend.
The manager has now announced that the group must consist of persons over the age of 18 and that any members of the group who are under 18 are not allowed to attend. As some of the party are just under 18 they have been forced to cancel the party, however the manager will not give them a full refund of the money paid as he claims that its too late in the day for them to have a full refund and has offered them 50%.
At no time in any previous communications nor at the time of booking was there any indication that persons under the age of 18 would not be allowed to attend since if this was the case they would have immediately chosen an alternative venue. There is also nothing to indicate this in the leaflet advertising the party nights. There is also nothing to indicate that there would not be a full refund in the event of any cancellation
Can anyone advise if the manager is within his rights to withhold the remaining 50% of the money ?

Darksun

It's a tricky one, you say at no time did they indicate under 18s wouldn't be allowed, but did they at any point indicate they would? Did you mention it to the company at any point during the the booking? How did you book it, was it in person, over the internet or over the phone?

I assume the reason under 18s can't be accommodated is due to their license, is there anything on their website about this, or if you went in person, are there any signs on the premises (I think it's a legal requirement that they display licensing terms)

neilmcl

One would have thought when booking a group party at a pub that you might ask the question whether under-18s would be allowed.

DVardysShadow

Darksun wrote: »

.. I assume the reason under 18s can't be accommodated is due to their license, is there anything on their website about this, or if you went in person, are there any signs on the premises (I think it's a legal requirement that they display licensing terms)

And I would assume it is due to the Manager's discretion. No reason not to conduct the party on licensed premises.

I would say that the Manager is the professional here. He should have known. We are probably looking at a 'frustrated contract', which requires that everyone is put back to the position they were in before hand.

I imagine he might actually have a better booking....

woody01

neilmcl wrote: »

One would have thought when booking a group party at a pub that you might ask the question whether under-18s would be allowed.

Why would that be then?
Under 18's are allowed in pubs.

skintbutsolvent

If it is a chain then it may well be that the company policy has changed and the landlord has to abide by the rules. In theory a child can be present in a pub even without a children's license providing the are 'personal guests' of the landlord but it is slightly dodgy ground. Similarly, a landlord can refuse admission or ask anyone to leave for any or no reason. I would have thought, though, that anyone booking a party at a pub would check about under 18s - most will not allow anyone younger after a certain time.

Hintza

My view (assuming there were no T&C's) is that the manager has changed the contract and as has already been said you should at least be put back to the position before you agreed the contract. Letter to head office I think.

LizF

As things stand this morning Ive spoken to consumer direct who state that under licencing laws 'The legal drinking age is 18. The only exception to this is that 16 and 17 year-olds may drink beer, wine or cider with a table meal on licensed premises, where accompanied by an adult aged 18 years or over.9 Under previous legislation, the concession had been allowed for 16 year-olds to buy their own beer and cider to consume with a meal. However, the meal had to be taken in a part of the premises actually set aside for meals, for example a restaurant or pub dining area. Under the 2003 Act, as long as the qualifications are met on purchase (which prevent 16 year-olds buying their own alcoholic drinks), the meal can be taken anywhere.'
As the 'children in this group are all within weeks of being 18 this was assumed by the organisers at the time of booking.
However
3) Some pub and restaurant chains operate their own policy on children. For example, where a pub is open all day, it may require accompanied children to leave by 6pm. A commercial service-provider like a restaurateur or pub landlord is entitled to refuse to serve someone. Of course, in exercising that right, the service provider must take into account the obligations placed on him by legislation outlawing discrimination on grounds of disability or race. However, there is no law that would cover alleged “discrimination” against children.

Comsumer direct indicate that since the pub made no reference to this at the time of booking and it doesnt state this in the 'party' leaflet that we may have cause to approach them about the way they have cancelled the party and the fact they have chosen to withhold 50% of the monies paid.
The next step is to contact the company head office and appeal to them, I have emailed yesterday for a copy of their 'party' terms and conditions which are only available on request through their website

neilmcl

woody01 wrote: »

Why would that be then?
Under 18's are allowed in pubs.

Never said they aren't, but generally they are allowed at the managements discretion so I would have thought it'd be reasonable to ask the question.

Hintza

neilmcl wrote: »

Never said they aren't, but generally they are allowed at the managements discretion so I would have thought it'd be reasonable to ask the question.

Probably more reasonable for the manager to ask the question. Unless it wasn't obvious that there were going to be a large proportion of U18's.