Q. I am the manager of a cinema complex and we are experiencing problems with obese patrons being too big for our regular seats. Some of them spill over into the adjoining seats often discomforting those sitting next to them. Can we make these patrons purchase two tickets or insist that they buy our wider but more expensive "premier" seats?
A. As a provider of "services" you are subject to the rules set out in the Equality Act and this prevents you from discriminating against people upon the basis of their age, disability, gender, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Whilst "obesity" is not one of the protected characteristics, there are those who would argue that obesity is actually caused by a disability (for example by depression or diabetes etc) and therefore if you actually "required" your larger patrons to purchase premier seats, it is possible that this could result in discrimination claims being brought against you.
A less riskier solution may be to have a marketing push in which you emphasize to all of your patrons the "added comfort" available in taking a premier seat. I'm sure that a number of your larger patrons would avail themselves of the opportunity of paying a premium for being comfortable throughout the film.
Q. You mentioned "age" in the list of protected characteristics. Don't tell me that this means that we can be guilty of discrimination for refusing to allow a child into a certificate 18 movie or for refusing to serve them alcohol?
A. No it doesn't. Although the Act does include a ban on age discrimination, this does not apply to under 18s. Common sense hasn't been completely outlawed.....yet. But watch this space!
