In 2018, the Sir Charles Brewery, in Nieuport in Belgium, decided to prohibit its access to children. The owner of the establishment in question then justified himself as follows: “I was really sick of it. I was being insulted two to three times a day because I was kindly asking not to jump with dirty shoes on my chairs or not to cut the cushions with knives. It’s already Been attacked four times because I asked these children to be a little respectful. In addition, the children are so noisy that they scare away my customers. I am targeting an older audience, which brings me back much more than these children.” A choice he does not regret.
Because despite the controversy and the real social debate that his decision generated, establishments reserved for adults have since multiplied in Belgium. All put forward as an argument the peace of mind of their customers, but also profitability. Fred, a restaurant owner from Brussels, confides in the newspaper Le Soir: “We know that a child’s cutlery brings in almost half of an adult’s cutlery for most restaurateurs. This is the reason why the adult customer is privileged, especially in the current context, after two years of closure. for pandemic and increased charges.”
Is it legal to prohibit an establishment to children?
It is not only in Belgium that this type of establishment exists, even if it is a growing trend in this country. The real question is: is it legal or not? For the Belgian association Couples et Familles, prohibiting access to children, whether in a restaurant, a hotel or an airline, is a form of discrimination. “’Youngism’ is mainly denounced in the context of recruitment. But still, why couldn’t the ‘adult only’ phenomenon also be accused of discrimination?”, says one of the members.
And in France, is it possible? The question was asked by The Parisian to Murielle Gasnier, jurist at the UFC What to choose: “Legally, it is forbidden to refuse to provide a service to a client, except for legitimate reasons. For example, in the event of a full restaurant, exceptional closure or specific evening. (…) The fact of not wanting to admit young children into one’s establishment is a discriminatory reason (age discrimination). » And warn: If you have witnesses to the expression of this refusal, then you could file a complaint because it is a criminal offence. You can also report it to the fraud prevention services, and alert the Defender of Rights responsible for combating such discrimination. The manager incurs penalties of up to five years’ imprisonment and a fine of 75,000 euros. »
