Drinking with a meal at age 16

Kathymel

I've been idly pondering this subject since the proprietor of a local cafe almost refused to serve my 16 yo son a glass of cider whilst he was eating a sit-down meal with both his parents.

We knew we were within the law and the woman was eventually persuaded to allow him to have a drink, although she specified how much he would be allowed (the law does not specify).

I understand a proprietor has the right to refuse to serve people, but I believe they must provide a legitimate reason if they are not to be accused of discrimination.

What I am pondering is, if a proprietor refuses to serve someone on the grounds that they are 16, despite that person fulfilling all necessary criteria to make the consumption legal, are they guilty of age discrimination?

foxtrotoscar_2

Could you there and then provide proof you were his parents?


Think about it from their POV. They could lose there license if they get it wrong. The law discriminates by age.

tomtontom

No one would be quite so petty as to accuse someone of age discrimination over this, would they?

Kathymel

It wouldn't be necessary to prove we were his parents. The law simply states the 16 yo must be accompanied by someone 18 or over. We most certainly could prove that by wrinkles alone. We also had proof that our son was 16.

There was no risk on the part of the proprietor who only has to show that he took reasonable steps to assure himself that the child was over 16. An ID with the child's photo would be acceptable.

Kathymel

tomtontom wrote: »

No one would be quite so petty as to accuse someone of age discrimination over this, would they?

I wouldn't like to say. I ask in a spirit of curiosity only.

Zinger549

I bet they would. Considering some of the things people complain about.

wealdroam

Kathymel wrote: »

I understand a proprietor has the right to refuse to serve people, but I believe they must provide a legitimate reason if they are not to be accused of discrimination.

You are right... the seller can refuse to sell anything to anyone. This is particularly true of alcoholic beverages.

They certainly do not have to explain any 'legitimate reason' to the prospective customer... that explanation will only be needed if the matter went to court.

Kathymel

Zinger549 wrote: »

I bet they would. Considering some of the things people complain about.

Regardless of whether it would be a petty complaint or not, I am interested in the legal position.

If a publican were to say to a customer, 'The law says black people may drink in my bar, but I disagree, so I'm not going to serve you.', the case would be cut and dried.

How might this be different? The cafe owner stated that, regardless of his rights within the law, she didn't want to serve him. That smacks of discrimination to me.

Kathymel

wealdroam wrote: »

You are right... the seller can refuse to sell anything to anyone. This is particularly true of alcoholic beverages.

They certainly do not have to explain any 'legitimate reason' to the prospective customer... that explanation will only be needed if the matter went to court.

But this is what I am talking about. If they have no legitimate reason, it is plausible they may end up explaining themselves in court.

tomtontom

Zinger549 wrote: »

I bet they would. Considering some of the things people complain about.

Seems so.

Comparing it to not serving a black person is ridiculous. There are legitimate reasons not to serve a 16 year old alcohol, there is no valid reason for refusing to serve a black person.

Kathymel

tomtontom wrote: »

Seems so.

Comparing it to not serving a black person is ridiculous. There are legitimate reasons not to serve a 16 year old alcohol, there is no valid reason for refusing to serve a black person.

Both age and colour are protected characteristics within the law so the comparison is perfectly valid. I used the example of colour because it is so obviously discrimination.

Additionally, regardless of one's personal feelings about a 16 yo drinking, the law is clear that this is permitted in certain circumstances. If those circumstances are fulfilled, there is no lawful reason not to serve one with alcohol.