The West Australian recently reported that a patron was requested to leave a newly opened Perth tavern because of his hairstyle. This incident highlights the importance of licensees being conscious of their rights and obligations when refusing entry or evicting a person for dress code and appearance reasons.
Section 115 of the Liquor Control Act (Act) is relevant in this context. In an appropriate case entry to licensed premises may be refused and service of liquor may be refused. Further, persons may be required to leave and upon refusal may be removed using such force as is reasonably necessary.
A person authorised by the licensee may only exercise these powers if the offender is not dressed in conformity with the licensee’s requirements, provided those requirements were reasonable in the circumstance at the time and notice of the dress code was displayed conspicuously at each entrance to premises where the dress standards were to be complied with.
It was recently reported that a man was asked to leave a CBD venue because of his mullet hairstyle. The mullet hairstyle was made famous in the past by personalities such as Andre Agassi, Jason Gillespie and more recently by Adelaide Crows player, Taylor Walker. Apparently for some men the mullet hairstyle is a “must have” fashion item. The patron advised that he has had a mullet hairstyle for a decade, but stated that last Friday was the first time he had been asked to leave a licensed premises because of his hairstyle.
This is not the first time that a licensed premises dress code has hit the headlines. In 2011 a Northbridge nightclub displayed a dress code which stated “strictly no metrosexual attire”. The aim of the “no metrosexual attire” dress code was to maintain the venue’s young and informal atmosphere. The venue refused entry to patrons wearing low-cut, V-neck T-shirts, skinny jeans, tight T-shirts, shirts with numbers on them, pointed white shoes and visible neck chains. The person responsible for implementing the dress code stated that short chains and tight T-shirts is an aggressive style.
In January 2012, South African cricketer, Herschelle Gibbs was refused entry into a Perth nightclub because his tattoos were visible. The nightclub’s website informed patrons that they should dress well and specified that “no visible tattoos were allowed.” The venue advised that it implemented the “no visible tattoos” dress code in order to make it a more relaxed venue for all patrons to enjoy.
Clearly it is not common only for nightclubs to strictly enforce diverse dress codes. For example, there has been a growing trend in CBD venues asking males to remove or loosen ties before entering the premises to create a more relaxed atmosphere. Licensees spend large amounts of money fitting out their venues with the aim of creating a certain mood. The implementation of a dress code can offer licensees a cost effective tool to help regulate and maintain the atmosphere of their licensed premises and attract the crowd these premises are designed to cater to.
In addition to the benefits of regulating the atmosphere of their licensed venues, the implementation of a dress code demonstrates to the Director of Liquor Licensing a licensees’ attitude to what is considered to be appropriate behaviour. This point was highlighted in the Directors’ Dress Standard Policy which was last updated on 30 March 2012.
Lavan Legal comment
It is important for licensed venues to ensure that they have a current Dress Standard Policy. Implementing a dress code assists to demonstrate a licensee’s intent to responsibly manage the venue. At the same time it can create and maintain a certain mood or feel at the venue. Licensees must ensure that their dress code meets the requirements of the Act and that it is displayed appropriately. All Dress Standard Policies must be carefully drafted to ensure that they are not discriminatory in nature. In this regard legal input may be desirable or necessary.
