Report on Vintners Federation & Tadg Bar comfort/decor - 4
Atmosphere - 3
Owner/manager hospitality - 0The following correspondence was initiated as I wished to draw the attention of the VFI to certain discriminatory practise that I had directly experinced
From The Vintners Federation of Ireland (reprinted unedited with the exception of my added italics)
18 January 2001
Dear Mr Harris,
I confirm receipt of your e-mail of the 29th of December 2000 regarding a number of Limerick City publicans who you believe operate policies of discriminatory and prejudicial practices.
On reading your e-mail I must say I was very alarmed to think that this might be the case and as per your request to examine this issue, we have since contacted the proprietors of the premises mentioned in order to clarify the position. May I take this opportunity to confirm to you that each of the publicans we contacted were contacted separately, with no mention made at any time that there were other publicans involved. To be quite frank, it is clear that there is a problem, but I dont believe it is that of the publicans we spoke to. While a small number of those mentioned on your list confirmed that they had no recollection of you whatsoever, it is quite clear that a significant a number of publicans we spoke to have given very similar recollections of their encounters with you.
Unfortunately there is a general feeling that you have a drink problem and that you consistently cause trouble [my italics]. I can confirm for you that none of the publicans we spoke to are prepared to accept you back on their premises at any stage.
I note your comments about being refused service and not being supplied with a qualifying legally valid reason and I must at this point clarify some points for you. (Really? How nice of you to do so) Legally speaking, a publican who experiences the behaviour as described, is obliged by law to refuse service in the first instance. Under the Intoxicating Liquor Acts a publican is duty bound to run an "orderly house" and is required to refuse service to anyone who is quite obviously drunk or making a nuisance of themselves. This requirement to refuse service has absolutely nothing to do with whether a particular person is English or Irish, or indeed a qualified reporter or whatever. I must also point out that a publican is not legally obliged to give you any reason for refusal of service. Experience shows that very often this leads to aggressive behaviour by the person being refused.
You seem to have been continuously ejected from many different premises, perhaps you should ask yourself why?
I agree with you that good customer relations is central to the core success and standing of any business venture. However this ethos only works when the customers behaviour is acceptable to the proprietor of that business. Clearly none of the publicans we spoke to regard you as one of those customers.
I trust this clarifies the matter for you.
Yours sincerely,
Tadg O'Sullivan
Chief Executive- - - - - - - - - - - - - - - - - -
Hardly, Mr O'Sullivan
To that the following reply was sent:
Sir,
As a publishing editor with many years of service to the community I am appalled at you readiness to judge and condemn when you do not even know me.
I do not have a drink problem. I was not writing to you in connection with a drink problem, nor even indeed because I may have a 'drink problem'. I was forwarding to you a formal complaint of certain treatment.In the light of your response I feel I must now take this matter ahead further, including your response to my complaint.
You wrote "You seem to have been continuously ejected from many different premises, perhaps you should ask yourself why?"
In 1994 I was in central Bosnia delivering £250,000 of aid I personally helped raise to hold Christmas parties for war-orphaned children. It is you sir who should ask yourself a question here.
Your sincerely,
Keith Harris
editor----- Original Message -----
To: "Mairead" <mairead@vintners.ie>
From: <newsmedia >
Sent: 18 January 2001 17:35
Subject: Response from Vintners' Federation of Ireland reSir,
I must respond in greater detail to your letter before taking the matter any further, as I had already mentioned in my previous message to you, you do not know me.
I would be all too happy to provide you with a list of the many hundreds -probably thousands - of restaurants and bars I have visited without ever encountering any difficulty.
The following section taken from your letter I regard as an unwarranted and unfounded defamatory attack on my good character and I wish you to be aware of that. (paras 2 to 3 of Mr O'Sullivan's letter highlighted)
I must correct you in that there is in fact a legal requirement of a valid and legally justifiable reason for refusal of service in any premises open to the public as customers.
I must also notify you that if you are not prepared to heed my complaint and only remain content to turn my complaint into your redirected blame of myself then I will take this matter further.
Such a response on your part is akin to blaming a woman who is raped for being raped because she is a woman.
Keith Harris
--------------------------------------------
REPLY
From: Mairead <mairead@vintners.ie>
To: Keith Harris <newsmedia >
Subject: RE: you letter of
Date: Fri, 19 Jan 2001 12:08:17 -0000
Importance: high
X-Priority: 1
Return-Receipt-To: Mairead <mairead@vintners.ie>Thank you for your second effort.
We will now pay you the compliment of ignoring you.--------------------------------------------------------------------------------
The above mails to me are from someone invested with the authority of chairing the VFI. Is there any wonder that the industry is corrupt?
I have never been refused service until coming to Limerick, despite having purchased and consumed alcohol in pubs since the age of 14. And Mr O'Sullivan the fact remains that you launched an unnecessary, unprovoked, vitriolic and malicious attack against my character. As a man of principle, I consider these the actions of a coward. This is a matter that requires resolvement. That requires honesty, and I deserve a sincerely meant apology. There is no other way to resolve this matter. If you choose to do otherwise, this matter will remain unresolved. And the fact is that if you had not acted in such a bigotted and biased manner, none of this would be necessary.
To wrap this up, I publish here a replica of the VFI goals, with particular mind to items 2 in both lists. Hmm...
- To organise, promote and protect the interests of Vintners and Publicans.
- To take combined action to protect the interests of any member of the Federation.
- To promote improvements in the law affecting the trade.
- To afford advice and to circulate information among members.
- To improve the technical and general knowledge of the members.
- To obtain special advantages for members.
- To keep watch on all proceedings of the Oireachtas with a view to taking steps to promote/protect the interests of members.
- To represent the views of the Licensed Trade upon all matters touching its interests.
- To promote Advisory Services for the benefit of members.
- To organise any Benevolent, Pension, Investment or other Fund for the well being of members.
- To make every effort to maintain the income returns in the trade at an adequate level.
- To participate in any form of activity which may be of advantage to members which would promote and protect their interests and generate goodwill for the trade.
VFI Achievements
- The Vintners Federation of Ireland is firmly established as a strong national Trade Organisation.
- The VFI has successfully lobbied the Government to strengthen the right of the Publican to refuse service to any customer.
- Continuous pressure has been put on the Government to make the National Age Card mandatory.
- The VFI has worked with the Department of Health to establish the Responsible Serving of Alcohol Programme.
- The VFI negotiated all the improvements in the viability of pubs in recent years.
- The VFI negotiated with all Brewers and Distillers etc. for advantages such as Cold Room and Equipment grants and discounts.
- The VFI influences Government to keep down tax on drink.
- Through our Parliamentary Lobby, the VFI succeeded in abolishing Mandatory Licence Endorsements and below cost selling of alcohol by supermarkets etc.
- The VFI had a major input into recent Licensing Legislation where some long-standing demands of the Vintners were included in the Law.
- The Federation has successfully opposed certain Licence Applications, which would have had considerable impact on the trade on a national basis.
close and return to main story
Dealing with discriminate door policies (this page)
CALLING TIME ON PUBLICANS
"I recently raised this matter in the Dáil and was informed that a person can only be refused entry to a pub if they are drunk, quarrelsome or violent."
Brian Hayes TDFew would dispute that Ireland is predominantly a drinking nation. The vast majority of social entertainment is based around the public bar.
For many years Irish publicans held remarkably free rein in how they could choose to operate their business. They could refuse service to anyone without having to provide any reason in law. Theoretically all that dramatically changed in law with the introduction of the equal status legislation of 2000. Theoretically, because although the legislation changed the law, many publicans still remain unaware of their obligations or willingly and deliberately continue to flout the law. And it is not the publicans alone. The disease of wanton discrimination has become rampant among the so-called security staff employed at almost every popular bar and night club.
The provisions of the legislation provided redress for certain forms of discrimination in obtaining service or goods. It also outlaws discriminate practise by publicans on a number of levels. Regretably many publicans continue to deliberately flout the law in this respect.
Comments by publicans in County Mayo in 2003 revealed the arrogance of many of those working within the victuallers trade. What is more disturbing is that in this case an official organisation chose to side with the publicans in a blatant display of discriminate attitude. One of those doing so was the chief executive of the IVF, Tadg O'Sullivan, who has openly displayed his bias on previous occasions.
Ireland also runs a very real risk of becoming a nation dominated by rogue doorstaff who continue acting with impunity outside of the law. The signs of such development are already clearly visible to those who care to look. This is not to suggest that all doorstaff should be tarred with the same brushfar from it. But effective legislation is required and is required now.
The Equal Status Act is itself poor;y inadequate, as a close examination of its provisions will reveal. What must be questionable is the degree to which pecuniary considerations were allowed to dictate the provisions of the legislation. Painting an external picture of rosy openness will no longer work, as the high number of high level corruption cases have revealed over the past few years.
It is insufficient for the law makers and law keepers to permit arrogant publicans to continue their unlawful practices unchallenged.
Those who refuse to accommodate the letter of the law should have their licences revoked. Further trouble of the same nature should lead to a permanent revocation of their association with the licensed trade. And why not? Those who continue defying the law as regards driving on the roads risk losing their privilege of driving a vehicle.
In 2003 a judge in County Mayo renewed the licence for a publican who initiated a blanket ban on so-called travellers at his premises. Although the judge strongly criticised the actions of the publican as a back-door attempt to change the existing equality laws, she stated that she did not consider his actions 'racist'.
Commenting after the court case, the publican stated that he imposed the ban in an attempt to let publicans 'regain control over their premises'.
The fact of the matter is that the control of any public premises must remain within the overall jurisdiction of the law and not within the jurisdiction of the individual publican's wishes. At the same time, effective legislation must permit publicans to safeguard themselves and their interests within the letter of the law.
Publicans have pointed a loaded gun at civil rights and have confused their own rights in law with their own wishes. It is time for the Government to play its part of working for the electorate. To permit rogue publicans to openly cock a snoot at the law is to open the floodgates to much broader difficulties.
Related item
equality a concept without distinctionAnti-racism links
http://www.lnar.org
http://www.knowracism.ie
Dealing with discriminate door policies
There is no greater incentive for policy change than a bad press. Those who operate businesses in the public domain rely on the goodwill of the public to survive and a bad press can have a huge impact.
Discriminate public house entry policy has become increasingly common over the last few years despite the provisions in legislation outlawing it. And many people have become aware of it and have frowned on its presence.
In such circumstances it is astonishing that local media do not trake up the cudgels against premises blatanty continuing to operate discriminate door entry. Sometimes that discrimination is through poor straining or through ignorance and sometimes it is intentional.
It would be worrying to speculate that local newspapers do not highlight the existence of such practise in their neighborhoods because those businesses frequently, if not regularly carry large and costly advertisements in the newspapers. Constraints on editorial departments by advertising revenue bosses is a common enough matter. Where it exists is a sign of a poor quality newspaper in that the management is willing to compromise the newspaper's editorial integrity. Such a situation is itelf poor news for the community that the newspaper represents.
Taking the right steps to improving society requires some tough decisions that impact financially in the short term. The decision to take them also signifies whether those able to do so really do have the better interests of society to heart.
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