Can a hospitality provider prohibit someone from entering their café just like that, for example, because they dislike how the guest is dressed? Yes, they can, because the space in which the café is located is the property of the hospitality provider or is leased by the provider, so if they pay that rent, they can organize their business as they see fit.
However, there are hospitality providers who are not quite sure about this claim, as I see from a discussion that developed on the Facebook page of the Association Voice of Entrepreneurs. What confuses them the most is that a café is a space for public gathering, so they wonder whether they should obtain a ban on entry for a specific person (or persons) from the relevant authorities. Many believe that they do not need any paperwork, but only the will to decide whether to let someone into the establishment. Especially when it comes to guests who create a mess, create a bad atmosphere, argue… Such individuals should simply be asked to leave the establishment, and if they refuse, the police should be called. And that is clear.
But let’s return to those we do not want to admit for some trivial reason. Thus, we can also prohibit their entry into the establishment. I will mention one case that happened in my area, in Bosanska Krajina, which during the last war was the scene of fierce battles between followers of Alija Izetbegović and Fikret Abdić. The war ended, but in Velika Kladuša, which despite military defeat remained a voting stronghold of Abdić’s party, after the war, delegations from the SDA led by President Bakir Izetbegović would come, mostly during election campaigns. About ten years ago, one such delegation, after an election rally, first went to the party premises to chat about various things, and then probably someone from the hosts suggested that they refresh themselves in a nearby café.
Consequences of the Decision
That café was run by an Abdić supporter, so when Izetbegović and his group stepped inside, a waiter (not even the owner) approached them and, in a clear and authoritative voice, resolutely told them that there was no room for them in that establishment, pointing towards the exit. The SDA team turned around and left, some of the local party cadres muttering something, but any discussion was effectively ended by the waiter’s demeanor.
Thus, from this example, we see how sovereign the café owner is on their ‘territory’, as even a high party, and at that time high state delegation had to leave their space simply because the owner did not like them. This happened even in a country where, unfortunately, the rule of law stands on shaky ground.
