Is it against the law to deny service based on (young) age?

Question

My daughter was asked to leave a pet shop as she was unaccompanied by an adult and was under 14. She was in there with the intention of making a genuine purchase and there is no way she would have been doing anything that would be considered disruptive.

Is it against UK equality laws for a company to have a policy like this? Certainly I can see it being so if it was, for example, a policy of no one over a certain age, or of a particular race, but I’m wondering if some kind of duty of care or health and safety consideration could trump this when it comes to younger people. In which case, my question is why 14? What makes it different for someone who is only 13 years and 364 days old versus someone who is 14 years and one day old?

Answer 1

I’ve managed to answer my own question. Age discrimination legislation only applies to over 18s:

It’s only discrimination if a trader or service provider treats you unfairly because of:

• age - if you’re 18 or over
• disability
• gender reassignment
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

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Answer 2

My daughter was asked to leave a pet shop as she was unaccompanied by an adult and was under 14. She was in there with the intention of making a genuine purchase...

It may be because the shopkeeper didn't want to commit a criminal offence under s.11(1) of the Animal Welfare Act 2006:

A person commits an offence if he sells an animal to a person whom he has reasonable cause to believe to be under the age of 16 years.

ETA in response to comments...

It's not that uncommon for some shops to impose a blanket ban or a "maximum number at any one time" policy for unaccompanied children when, for example, they have been subjected to antisocial behaviour or lost significant amounts of stock through shoplifting. I cannot find any law that make this type of policy unlawful.

Also, in the UK, when shops "exhibit goods for sale" it's an invitation to treat and they are not obliged to sell anything to anyone - unless it discriminates against a protected characteristic (which in this scenario does not as appear to be the case according the OP's answer).

Answer 3

Given the existence of laws mandating "discrimination against" young customers in the case of products and services deemed to be for adults only, from alcohol and tobacco to various forms of "adult entertainment," it would seem a bit absurd to assert that it is illegal for stores to discriminate against customers on the basis of being too young.

Answer 4

TL;DR: Shopkeepers can exclude children.

In the UK it is is illegal to discriminate against anyone because of age, but there is a big exception.

• https://www.legislation.gov.uk/ukpga/2010/15/section/13

Section 13(2)

If the protected characteristic is age, A does not discriminate against B if A can show A's treatment of B to be a proportionate means of achieving a legitimate aim.

There are also a large number of exemptions and exceptions.

• https://www.legislation.gov.uk/ukpga/2010/15/contents

In addition the Secretary of State may make exceptions by order (powers in section 196). The government also produces guidance:

• https://www.gov.uk/guidance/equality-act-2010-guidance#age-discrimination

In particular for small businesses, the guidance says:

• https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/85006/age-discrimination-guide-sme.pdf

You can still:

If you provide age based services:

− Advertise, market and sell products and services to younger or older people as niche marketing, provided you don’t refuse the service to anyone outside your target group.

If you run a shop:

− Exclude or restrict the number of children in your shop (or hotel or restaurant), as children are not protected by the ban.

− Offer discounts to people based on their age. (See Part 9(b) of the overview guide for more information www.homeoffice.gov.uk/publications/equalities/equality-actpublications/equality-act-guidance/).

− Refuse to sell age-restricted products to someone who looks below the minimum legal age and who does not have any ID

It seems clear from this that the shopkeeper can exclude children.

Answer 5

OCR enforces the Age Discrimination Act of 1975 (Age Act), which prohibits discrimination on the basis of age in HHS-funded programs and activities. Under the Age Act, recipients may not exclude, deny, or limit services to, or otherwise discriminate against, persons on the basis of age.

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