Anti-Discrimination NSW

Children not allowed in restaurant

Conciliation: Age discrimination in service provision

Published: 21 November 2017

A man wanted to go with his family to a particular restaurant for his 50th birthday, but they had a policy of excluding children under 12.


A man’s family wanted to go to a certain restaurant to celebrate his 50th birthday. When his sister tried to book the restaurant, she was told they had a policy that no children under 12 would be admitted. 

As this would have excluded the man’s 11-year-old son, the family had to find another restaurant to have the birthday meal. However he decided to make a complaint of age discrimination because he felt the policy was unfair. 

The restaurant responded that the policy was because of the particular circumstances at the restaurant which made it unsafe for children. There had been an incident in the past where a child had narrowly avoided serious injury. They did not want to make ad hoc decisions so they established an age cut-off point.

After discussion with the Board, the restaurant agreed to change their policy and admit all children, and to change their website to this effect. However, children would still have to adhere to the dress code and be under close supervision at all times. They also apologised to the complainant. This resolved the complaint without the need for a formal conciliation.

What are my rights to goods and services?

You have the right to:

  • get most goods or services no matter how old you are, or how old any of your relatives or associates are, including your children; and

  • get most goods and services on the same terms as people of other ages - for example you must not be charged higher prices, or have to meet different rules.

  • You also have the right not to be harassed while getting goods and services because of your age, or the age of your relatives or associates, including your children.

​​​Back to November 2017 - Equal Time Newsletter​​​​​​​

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