It is becoming increasingly common to see dogs in cafes, pubs and even restaurants.  Many venues actively welcome them, but others prefer a strict ‘no dogs’ policy.  So can a restaurant refuse entry to your dog?

In most cases, they can refuse entry.  But there is one very important exception, which is for assistance dogs. 

Can a restaurant refuse entry to a pet dog

Yes, in most cases restaurants can lawfully refuse entry to ‘ordinary’ pet dogs for any reason.  Restaurants and other hospitality venues are generally private businesses, which means that they can have their own rules of entry provided they are not discriminatory or otherwise unlawful.  Even if your dog is calm and well behaved, a restaurant may refuse entry to a pet dog or ask you to leave.

What if the venue is dog friendly

If the restaurant advertises itself as ‘dog friendly’ it can still enforce conditions, such as only allowing dogs in certain areas, requiring dogs to be kept on a lead, refusing entry to dogs that are noisy or dangerous.  Even in dog friendly venues, staff may ask you to leave if your dog’s behaviour is disruptive.

The legal exception : assistance dogs (Equality Act 2010)

The position is very different if your dog is an assistance dog within the meaning of the Equality Act 2010.  If you are disabled and rely on an assistance dog, restaurants (+ other business) must allow you to access under the Equality Act 2010.  This applies even if the venue normally bans dogs.  Refusing access without a lawful reason can be regarded as disability discrimination.

Can a restaurant refuse an assistance dog because of hygiene, allergies or fear

In most situations, no. Instead of refusing entry, the restaurant should instead consider a reasonable alternative solution eg. Seating you in a different area where possible.

Are emotional support dogs regarded in the same manner as assistance dogs

Generally no.  Emotional support dogs are not legally considered in the same way as assistance dogs, so they are not protected under the Equality Act 2010 for access to restaurants.  A venue may choose to allow emotional support dogs as part of a dog friendly policy, but they are not required to do so.

When can a restaurant lawfully refuse entry to an assistance dog

There are very limited situations where refusal may be justified, such as if the dog is behaving aggressively or out of control.  Importantly, any refusal should relate to specific behaviour or risk.

What can I do if a restaurant refuses entry

• If it’s a pet dog or an emotional support dog, then there is probably nothing you can do about it other than to take your custom elsewhere. 
• If it’s an assistance dog you may wish to seek specialist legal advice as there might be a claim for damages (depending on the circumstances).

 

Trevor Cooper

Solicitor

 

How we can help

If you need specialist legal advice in relation to your dog (or cat), please call us at Cooper & Co Solicitors on our landline number of 01227 20 33 20 during normal office hours.  Subject to a conflict check, we can usually offer a fixed fee telephone call for £75 + VAT for up to 20 minutes.

DISCLAIMER

This blog is provided for general information and does not constitute legal advice.  You should always seek tailored advice from a suitably qualified and experienced lawyer.  We do not sell insurance nor do we recommend any particular insurance provider or policy.

Cooper & Co Solicitors, 19 Palace Street, Canterbury, CT1 2DZ.

Tel : 01227 20 33 20
Email : admin@doglaw.co.uk 
Website : www.doglaw.co.uk

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