Are local nightclubs discriminating against young men?

Tuesday 27 March 2018

Guernsey's "very limited" discrimination laws could be leaving teenage-clubbers open to discrimination.

While for most, people must be 18 to legally get through the door, a number of local establishments don't allow men inside unless they are 21 - yet women are allowed in at 18.

Locals affected by this discrepancy have been speaking out, saying the rules are "discriminating" and "predatory", and explaining how they can affect a night out. 

"Personally I think it’s ridiculous that certain night clubs have gender biased entry ages. I don’t understand how it could make a difference," 18-year-old Matt Stuckey said.

"It doesn’t normally affect my nights out, but it can make things frustrating when I’m out with work colleagues and they want to go to a specific night club."

Brooklyn Brown, 18, added: "I really do think it’s a bit odd how the younger women can get in while men can't untill they’re 21. It’s a bit unfair really and the three year age gap may make the younger women maybe feel a bit vulnerable in a club filled with older men."

And it is not only men who feel the effects of the rules. One woman who spoke to Express and wished to remain anonymous described the clubs as "cattle markets", that allowed in younger women to bring in more male customers.

Another, Georgie Fletcher, 19, said the very logic of assessing entrants on their gender was backwards, and bouncers should make decisions based on dress, sobriety and other factors.

"It has definitely affected nights out, as usually it forces our girl and boy party to separate due to the vast majority of them not being able to enter certain night clubs," she said.

"I believe that if a nightclub would prefer the individuals entering it to be of a more mature age range, then the cut off point should be the same for both men and women."

Do the States class this as discrimination? 

Guernsey's discrimination legislation, is, at present, "very limited", a spokesperson for Employment & Social Security admitted. 

"The Sex Discrimination (Employment) Ordinance 2005 makes discrimination unlawful on the basis of sex, marriage, gender reassignment and maternity leave or adoption leave, but in the field of employment only. There is currently no discrimination legislation in relation to the provision of goods or services such as access to nightclubs.

"Employment & Social Security are currently working on the development of policy proposals to introduce legislation preventing discrimination against disabled people and carers in all fields. This would include employment, access to goods and services, education, accommodation, etc.

"As part of this project, ESS are also considering whether to widen the scope of the proposed new legislation to cover discrimination on other grounds, in addition to disability."

But while Guernsey's laws could be updated to start closing in on discrimination like this, things are already slightly more advanced in this area in the UK. There are examples of court cases where claimants have won compensation from clubs for discrimination cases around both race and gender, and they are often based off of the UK's 2010 Equality Act, which is more explicit than our 2005 one. It has also been highlighted a number of times that men face sexism at club doors in other ways, with examples of women being allowed to enter clubs for free and men getting sent to the back of the queue.

It states that "it is against the law to discriminate against anyone because of protected characteristics" - these include sex, race religion, sexual orientation and more.

The UK has also had proper discrimination laws in place since 1995 - the Guernsey Disability Alliance said this leaves "Guernsey and Jersey almost alone in the world having neither developed domestic disability discrimination laws nor signed the Convention". When the Equality Act was signed in the UK, they pushed for it to be ratified on island as well.

So which clubs actually have this rule, and what do they say about it?

Express contacted all of the main night clubs in St Peter Port to ask what their entry requirements were.

A spokesperson for the Les Folies D'Amour said its entry requirements were: "Age group ladies over 18, gentlemen over 21. Dress code smart casual, trainers are ok but have to be in good condition and clean. Tattoos are fine, however we ask anybody with heavily decorated necks and faces to wear a collar." The spokesperson said  the club did not want to comment further as to why those rules were in place.

Laska's declined to officially comment, however Express believe it also has the 21 for gents and 18 for ladies entry requirements.

Other clubs such as Fusion, Town House and Barbados are 18 for both sexes, they confirmed.