Need to show ID to have a drink?
Your latest column caught my attention. A few days ago, a bouncer at a nightclub refused to let me in because I’d left my ID card at home, even though I had a photo of it on my phone. The same thing had happened to me in Montreux during the festival, even though, at 50 years old, you really can’t assume I’m underage! Is this just overzealousness, or do you really need to have your ID with you to get into a bar?
Mr Meyrin
Yes, in both cantons, specific rules differ from those set out last week regarding police identity checks.
Identity card
A public establishment has the right, to a large extent, to choose its clientele. This right stems from the freedom of contract enshrined in the Swiss Code of Obligations (CO), as the operator is under no obligation to enter into a contract with anyone. There are only two limitations to this right: one is criminal in nature, namely Article 261bis of the Criminal Code (CC), which criminalises the refusal to provide a service intended for public use on the grounds of race, ethnicity, religion or sexual orientation; the other is civil in nature: a discriminatory ground of a certain gravity may constitute an unlawful infringement of personality rights within the meaning of Article 28 of the Civil Code (CC). Simply forgetting one’s wallet does not fall under either of these.
In addition to this general freedom, there is a specific obligation relating to the sale of alcohol. In Geneva, the regulations implementing the Act on Catering, the Sale of Alcoholic Beverages, accommodation and entertainment (RRDBHD) require proof of identity to be requested where there is any doubt as to a customer’s age, with strict checks at the entrance to establishments with restricted access. In the canton of Vaud, the Law on Inns and Drinking Establishments (LADB) goes further: Article 53 authorises the operator to have access checked by private security staff and to refuse entry to anyone who evades such checks; according to Article 51, valid identification must be required for the youngest customers admitted at certain times.
A photo on a mobile phone does not fulfil this function. It can be easily altered, offers no guarantee of the bearer’s actual age or identity, and provides no security comparable to that of an official document. By demanding the card itself, the doorman is not acting on a whim; but is fulfilling the duty of care imposed by law on the establishment, which faces an administrative penalty – or even the revocation of its licence – if it allows a minor to enter on the basis of a mere image.
We cannot, therefore, blame the owners of such establishments for issuing strict instructions to their staff to ensure they fulfil their legal obligations and do not take unnecessary risks for their businesses by leaving them room for discretion, which always carries the risk of errors. For once, your grey hairs – if you have any – won’t label you straight away, so just smile at this rather rejuvenating situation!
