Infant In Scots Public Bar

wardlaw | 20:18 Tue 17th Jan 2017 | Law

30 Answers

My local, which I have frequented for the last 46 years has a new hotel manageress. She is the daughter of the hotel owner. The public bar has prominent notices saying that no persons under 18 will be admitted. This rule was made by the owner's late husband. Today the manageress brought her 12 week old son into the bar while she drank rose wine and G&Ts. Then she proceeded to change her son's soiled nappy. people were eating and drinking at the time.
Under Scots law is this legal?

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RandyMarsh

I think it is legal to change a babies nappy in a bar.

EDDIE51

The pub is also the manager/manageress home as well a a public bar. It is quite legal to have your child of any age in your home and to change their nappy if you want to. It is legal in England as well as Scotland.
It may not be a good idea as it puts customers off, but it is 100% legal as long as the manageress was not serving drinks or food at the same time!

Jennykenny

I think it is revolting to change a baby's nappy in any bar. (Said a Scot.)

Boto

It may not be illegal but I'd think about changing locals if I were you.

wardlaw

Question Author

Thank you all very much. JennyKenny, couldn't agree more.

Tilly2

Did anyone say anything to her?

Canary42

Great Scot - she'll be breast-feeding it next.

mushroom25

Rule one - the landlord is always right.

Rule two - if he/she is wrong, rule one applies.

aelmpvw

//brought her 12 week old son into the bar while she drank rose wine and G&Ts//
how many hands has she got?

Buenchico

The Licensing (Scotland) Act 2005 doesn't prevent the presence of minors on licensed premises. A licensee is entitled to make their own rules about whether people under 18 (or indeed, any other age) are allowed in the bar but, equally, they're permitted to make exceptions. So there's no reason why the baby shouldn't have been in the bar.

Hygiene rules are usually very general. In effect, they simply state that the health of customers shouldn't be put at risk through the practices of the business owner. (There are plenty of 'codes of conduct' but they're not part of any legislation).

So, for example, it's a total myth that dogs aren't allowed in bars where food is being served. As long as there's no risk to customer's health, there's no legislation which bars dogs from pubs or restaurants.

Similarly there's no specific legislation which prevents the changing of a baby's nappy in a bar or restaurant. It would only be an offence if it could be established that it placed the health of customers (or staff) at risk.

Mamyalynne

Used to love taking babies into pubs, everyone wants a hold so you get a break - she should have changed the nappy away from diners though.

Canary42

"...the health of customers shouldn't be put at risk..."

All very well Legally, but Civilly the Blame and Claim brigade flog this one to death, and owing to a dotty judiciary frequently win £ks.

EDDIE51

If the bar was in a pub owned by a pub company or a brewery the owners would take a dim view of it, but as the manageress is the daughter of the owner there is no point in that approach.