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Green40245  
#1 Posted : 01 March 2011 10:59:45(UTC)
Rank: Forum user
Green40245

Hi, I have a client with an upstairs restaurant above a shop. They have recently been "introduced" to the world of Health and safety by their EHO, hence my involvement. During their initial audit I noted that there was no access from street level to the restaurant for those that cannot negotiate stairs. As it stands, in my opinion it would not be reasonable to put in lifts etc. However the restaurant does offer free delivery to all, would this be enough to satisfy equal opportunities to services or are they still discriminating due to the fact the disabled individual would still not have the opportunity to use the restaurant. I toyed with the idea of signage alerting disabled people to the fact my client would endeavour to get them into the restaurant by carrying the wheel chair etc, but I am uncomfortable with this notion (and the risks).
Any thoughts would be welcome.
Regards Darren
SteveL  
#2 Posted : 01 March 2011 11:08:34(UTC)
Rank: Super forum user
SteveL

firesafety101  
#3 Posted : 01 March 2011 11:11:50(UTC)
Rank: Super forum user
firesafety101

Wheel chairs are not made for carrying, especially while occupied.

Once you get them in how do you get them out?

Difficult one this but you could try the local council to see if they can provide a grant to have a lift installed? Or even the various disabled charities may help?
Ken Slack  
#4 Posted : 01 March 2011 11:17:43(UTC)
Rank: Super forum user
Ken Slack

Try this, all about what provision is reasonable and affordable in your situation...

http://www.direct.gov.uk...verydayaccess/DG_4018353
Green40245  
#5 Posted : 01 March 2011 11:34:49(UTC)
Rank: Forum user
Green40245

The client doesnt have access to the downstairs property so I think the lift is a none starter, thanks anyway. Darren
Green40245  
#6 Posted : 01 March 2011 11:43:25(UTC)
Rank: Forum user
Green40245

From the publication; "Making access to
goods and services easier for disabled customers"

"Alternative methods of providing services: there may be
situations where it is not reasonable to remove, alter or
avoid a physical feature (such as a flight of stairs) that
creates a barrier to access for some disabled people. In
such cases, could you come up with alternative methods
of providing the service, such as bringing goods to the
customer at the entrance, home delivery or through
the post?"
Maybe they are covered. Thx Darren
alan013  
#7 Posted : 01 March 2011 17:38:59(UTC)
Rank: Forum user
alan013

A wheelchair stairlift may be suitable, but it depends on size of the staircase , number of turns on the flights, etc. Evacuation chair can be used in an emergency to evacuate the building. would be costly tho.
horner.d  
#8 Posted : 09 March 2011 08:59:28(UTC)
Rank: Forum user
horner.d

There’s much reference to ‘the disabled’ in this rather tiresome thread. The correct term is Disable Person or Disabled Persons Charity, for example. And yes of course the service provider has to provide for Disabled Persons who have limited mobility. It’s the same old story – people going into business without being aware of, or choosing to ignore the bigger picture.
The starting point – risk assessment – yes a Disabled Persons (in this case Mobility Impaired Risk Assessment). Should any of you wish to have access to my Disabled Persons Risk Assessment procedure / risk assessment template please do not hesitate to request contact.
PhilBeale  
#9 Posted : 09 March 2011 11:05:44(UTC)
Rank: Super forum user
PhilBeale

I think the expectation would be to make reasonable adjustments so installing a lift or some form of stair-lift would not be reasonable in my view due to the cost and possible implications on fire safety. i think they should state it on there website they don't have wheelchair access due to the restaurant being on the first floor.

A reasonable adjustment might be installing a ramp if the restaurant was on the ground floor and there was a step in the doorway etc. i think even people with disabilities cannot insist on installing lifts in small restaurants where they are on the first floor as being unreasonable to complain or insist such things as lifts are installed where clearly it's not practical.

Phil
John T Allen  
#10 Posted : 09 March 2011 14:23:38(UTC)
Rank: Guest
Guest

I think you have to combine the words 'reasonable adjustments' with 'common sense' (if the latter are not dirty words these days!).
It would depend on a number of factors - space, how wide the stairs are for a wheelchair lift, whether fire evacuation could be achieved etc. If the changes needed to make it accessible are not possible, or prohibitively difficult or expensive, then they could not be considered 'reasonable', and as long as the restaurant could justify this, they would not, I would think, be obliged to carry them out.
They could offer a takeaway or home delivery service to mitigate matters.
boblewis  
#11 Posted : 09 March 2011 14:29:14(UTC)
Rank: Super forum user
boblewis

Or find more suitable premises:-)

Bob
Murray18822  
#12 Posted : 09 March 2011 16:54:29(UTC)
Rank: Forum user
Murray18822

horner.d wrote:
There’s much reference to ‘the disabled’ in this rather tiresome thread. The correct term is Disable Person or Disabled Persons Charity, for example. And yes of course the service provider has to provide for Disabled Persons who have limited mobility. It’s the same old story – people going into business without being aware of, or choosing to ignore the bigger picture.
The starting point – risk assessment – yes a Disabled Persons (in this case Mobility Impaired Risk Assessment). Should any of you wish to have access to my Disabled Persons Risk Assessment procedure / risk assessment template please do not hesitate to request contact.


'tiresome thread' - apologies for those of us who dare to raise commmon issues of concern! I doubt if any malice or ignorance was being expressed by the use of the term 'the disabled'.
Back to the point. I can't see how incurring the cost of installing a chair lift would be considered reasonable. It would be a splendid world if everyones needs were catered for but sadly they are not. Dare I say it but be reasonable in your expectations.
MB1  
#13 Posted : 10 March 2011 11:36:19(UTC)
Rank: Super forum user
MB1

On the other side of the coin... Reasonable adjustments should not put a business out of business either so would each premises and owner need to be taken into account individually and not collectively?
SBH  
#14 Posted : 10 March 2011 12:05:45(UTC)
Rank: Super forum user
SBH

In my opinion provideing a takeaway service is an excellant solution. Plus if the restaurant also provides details of alternative restaurants who can accomodate persons who cannot scale staircases they are doing all they can without inflicting unreasonable costs upon themselves.

SBH
PhilBeale  
#15 Posted : 10 March 2011 12:22:16(UTC)
Rank: Super forum user
PhilBeale

i think if you wanted a takeaway you would get a takeaway if you want to eat at a restaurant then ending up with a takeaway would seem pointless. I think making it clear on the website they don't have wheelchair access is sufficient. if you are someone in a wheelchair and are trying a new restaurant then common sense would suggest that you would check when booking or phone up before arriving at the restaurant.
i think if you are a wheelchair user you would have worked this out as well as other issues we probably haven't thought about but they have to deal with on a daily basis.

they may be in a wheelchair but we seem to be assuming they haven't faced these issues before.

red
John T Allen  
#16 Posted : 10 March 2011 15:40:29(UTC)
Rank: Guest
Guest

I think most wheelchair users are realistic and reasonable in their expectations. They don't expect to be able to get into every single place, some buildings are just not suitable and it would be too difficult to make them suitable.

Of course there are the gaffes, like when the company dinner is booked into said upstairs restaurant, meaning that disabled employees are going to be excluded.

On a related note, one thing that does really annoy me, which applies both to access and general safety issues, is the conflict between listed status on buildings and safety/access requirements. The prohibitions on alterations imposed under the former make it impossible to comply with the latter. As far as I'm concerned, buildings are for people first, posterity second, and it's time this restrictive nonsense imposed by listed status was subjected to, dare I say it, some common sense.
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