A customer whose query about a rise in the price of a pint led to aggressive behaviour by a barman yesterday took one of the first cases under a new law to deal with "prohibited conduct" by publicans and their staff.
Mr Michael Hayes claimed the barman held a cordless drill to his face and also threatened him in the toilets of the Palmerstown House, Palmerstown, Dublin. Later, he was deliberately embarrassed in front of future in-laws when he was refused service in the pub.
Mr Hayes brought one of the first actions under Section 19(3) of the 2003 Intoxicating Liquor Act which allows a judge to order compensation for a person who proves that "prohibited conduct" has been directed against him in or at the point of entry to a pub. A judge may also order the pub's temporary closure.
In Dublin District Court yesterday, Judge Cormac Dunne found as fact the claims made by Mr Hayes and adjourned a decision to allow him and the pub owner to resolve the matter.
The pub claimed Mr Hayes had not established a prima facie case that he was a discriminated person as required by the 2003 law and the Equal Status Act 2000.
Mr Hayes, who said the pub was the local for three generations of his family, went for a drink with friends on June 19th. A sign outside the pub said the pint was €3.40 but when he ordered he was charged €3.50 and he queried the difference.
Later, a barman called Gary was passing by him with a drill in his hand and he held it up to his face saying: "I would love to..." and walked off without finishing the sentence. The next day, Mr Hayes said he went to the pub and the same barman followed him into the toilet and became very aggressive.