A viral TikTok shows two people being refused entry to the downstairs area of a London venue because of their service dog.

The video, shared by River the Assistance Dog (@retrievingassistance), reveals a conversation in which a member of staff tells two customers that they cannot enter the downstairs section of Albert Schloss, a venue based in Shaftesbury Avenue. 

In the conversation, the TikTok user tells the staff member that her assistance dog is trained, she can see plenty of floor space downstairs, and that the area does not seem “particularly rowdy”.

However, the member of staff in the video responds asking what the difference is between the venue’s upstairs and downstairs areas, as it appears the pair have been allowed access upstairs.

The customer continues to explain that her dog is trained before asking for the staff member to write down their name and that they are refusing entry.

@retrievingassistance @albertsschloss Care to explain why your London venue discriminates against disabled people? We were refused entry to see a show, despite your venue being relatively empty, because of our assistance dogs. Denying disabled people equal access to services is discrimination. Under the Equality Act 2010, assistance dogs are protected to have access even when pet dogs are banned. Furthermore, businesses must provide equal access to services for disabled people. The area where we would have been confined to does not have equal access to the show. Not only did your team refuse service but they quoted that this is company policy (despite it being discriminatory). It's also not anywhere on your website and your Birmingham team have been nothing short of exceptionally kind and accommodating when we've gone to shows there. #accessrefusal #disabilitydiscrimination #assistancedogsuk #equalityact2010 #assistancedogsinternational #servicedog ♬ Dirty Cash (Money Talks) - Sold Out 7 Inch Mix - Adventures Of Stevie V

While in the video the staff member does not visibly write it down, they do give the customers their name and explain that they are not denying access as they have suggested the pair use the upstairs part of the venue.

They said: “I’m not refusing service I’m saying you’re more than welcome to sit upstairs.”

But the TikTok user goes on to say that refusing service downstairs is still refusing service.

They said: “It’s not an equal experience.

“You’re discriminating because you’re not providing an equal level of experience.

“That’s indirect discrimination under the equality act.”

The staff member responds to outline that they are not discriminating and that it is for the welfare of the dog.

Advice from the Equality of Human Rights Commission (EHRC) to businesses outlines that assistance dogs should be welcomed.

It says: “Make sure that all relevant staff are made aware that they must allow access to assistance dogs in most circumstances.

“If you have a lot of customer-facing staff, consider displaying a small sign or sticker on the door or wall at the entrances showing that assistance dogs are welcome.”

Under reasons that businesses should allow assistance dogs, advice from the EHRC says: “An assistance dog is an auxiliary aid to a disabled person.

“Therefore, it would be unlawful to refuse access to a disabled person accompanied by an assistance dog except in the most exceptional circumstances.

“Ultimately only a court can decide whether a refusal of service or access is unlawful.

“This would be highly dependent on the specific facts and circumstances of the particular case.

“As well as being trained to carry out tasks, assistance dogs can improve the confidence of disabled people who use them.”

Only a judge could decide in this situation if the law has been broken.

In the caption of the TikTok, River the Assistance Dog said: “@albertsschloss Care to explain why your London venue discriminates against disabled people?

“We were refused entry to see a show, despite your venue being relatively empty, because of our assistance dogs.

“Denying disabled people equal access to services is discrimination.
“Under the Equality Act 2010, assistance dogs are protected to have access even when pet dogs are banned.

“Furthermore, businesses must provide equal access to services for disabled people.

“The area where we would have been confined to does not have equal access to the show.

"“Not only did your team refuse service but they quoted that this is company policy (despite it being discriminatory).

“It's also not anywhere on your website and your Birmingham team have been nothing short of exceptionally kind and accommodating when we've gone to shows there.”

We have contacted Albert Schloss for comment.