Nowadays, there are still many entertainment premises where you may find a sign that reads “right of admission reserved”. Although the average citizen can interpret the right of the owner of the business in a broad sense, understanding that the entry into an establishment can be forbidden, it is a complex issue.
Right of Admission and its functions
In Andalusia, the right of admission is regulated in the Decreto 10/2003 de 28 de enero por el que se aprueba el Reglamento General de la Admisión de Personas en Establecimientos de Espectáculos Públicos y actividades recreativas and in the Orden de 11 de marzo de 2003, limitating the cases in which the owner of a premise can forbid the entry of a customer into it.
The purpose of this regulation is to put an end to the arbitrary and discriminatory behaviour (racist, sexist or nationalist) of some employers who, taking advantage of a loophole, prevent the entry of certain people to their business on personal grounds and therefore violate their fundamental right to equality.
Since the entry into force of this Act, those companies that wish to exercise the right of admission must previously obtain an authorization from the local administration that issued their opening license and display a 30 by 20 cm poster with the number, the specific conditions of admission, the date and the authorizing administrative body at the entrance.
In order to apply for this authorization, the specific non admission criteria must be detailed in the application form and these must be in compliance with the right to equality established in article 14 of the Spanish Constitution. In addition to this, article 5 of the Act stipulates certain cases in which, without prior permission, the entry to a premise can be denied, such as when the capacity of the room is complete, it is beyond closing time or the person trying to enter is drunk.
To resolve the request, the City Council will review the documentation provided, a report will be requested to the Government of Andalusia in Malaga and a decision granting or denying the exercise of this right will be issued.
Also, pursuant to Decree 10/2003 and its implementing regulation, in cases when the admission of a person to a facility is denied, it is mandatory to hand a claims and complaints sheet to the customer that so requests it.
Lexland Lawyers can file these applications before the Town Hall of your municipality, providing you with the corresponding authorization, which you then must place at the entrance of your business. Any other type of poster or plaque referring to this right is strictly forbidden.