Can hotels/guest houses refuse accommodation to abstaining smokers?

J

*James*

Guest
The issue I'm raising here isn't about rights to smoke in guest accommodation (which has been dealt with already on another thread), but of being refused an offer of guest accommodation, purely for not being a "non-smoker" generally.

I made a phone enquiry to a guest house for a booking and was told there was room available for the days requested. My contact details were then taken after which I was asked if I had stayed there before. No, it would be my first visit I told them. Are you a non-smoker, they asked. Well...no, but for the purpose of my visit I would be a 'non-smoker' [i.e. not smoking on the premises, as is common practice in the UK now] though otherwise, yes, I am a 'smoker', I replied. We only have non-smokers here, I was bluntly told. I quickly replied, "End of conversation, good day", and promptly ended the call before I lost my decorum, as I was shocked at this judgemental discrimination and its implications. What business is it of theirs what lawful activities I may indulge in away from their premises?

Can people be discriminated against in this way, lawfully, by being denied a service for not being a non-smoker?

If so, the ramifications are worrying ; not just for the future freedom of movement for people that choose to smoke, but maybe for garlic lovers too, and heaven knows whomever else that proprietors could decide to show prejudice to!?

Unless being a smoker can be construed as a "belief" or a "disability", the Equality Act does not seem to apply?

Any information would be welcome, before I approach the local Borough Council who promote the establishment, thank you.


N.B. The Borough Council site states, "...non smokers like to stay at xxxxx". It's just the guest house owners own website that states, "xxxxx being strictly non smoking, caters for genuine non smokers only..." [Their underline]. I took this to mean, break the no smoking policy and you're straight out, no excuses, and not to mean that anyone who has smoked is not welcome!! Strictly speaking, I don't believe that a smoker who has stopped, for any period of time, can be accurately described as a non-smoker ; only someone who has never regularly smoked should be described as a non-smoker. A smoker can abstain from smoking, but even if they quit for the rest of their life, they will always be an "ex-smoker" to my mind, and can never be a non-smoker.

;-j
 
It seems very odd alright. I wouldnt imagine any law is being broken though?

Its only their own business they are hurting but effectively lessening their customer base.
 
James, this is an Irish site so Equality laws here may well be different to those in the UK.

I think it's discriminatory but it doesn't fall under the Irish Equality Acts as it's not one of the grounds mentioned. I'd put up a review on tripadvisor to that effect.
 
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