Andorra's 'right of admission' left unregulated as businesses set their own rules

The right of admission in public establishments is exercised by those responsible for the premises, but in Andorra it is not governed by a specific regulation, which sometimes creates uncertainty about when entry can be refused. The Department of Trade and Consumer Affairs says the right is generic and unregulated in practice, leaving the decision to the owner, while requiring respect for fundamental constitutional rights, including prohibitions on discrimination by race, sex or sexual orientation.

Owners and managers say that freedom of choice is a necessary tool to handle conflictive situations and protect their businesses’ image. The right of admission is most frequently used in bars, restaurants, hotels and nightlife venues such as clubs and pubs, which regularly have to deal with unpleasant behaviour from some patrons.

“At the club we apply it mainly to people with problematic behaviour,” says Carlos Nascimento, owner of Kapital Andorra. “We already know who causes problems every weekend. It’s not about a single mistake but about people who repeatedly create conflicts. It does not depend on appearance or gender, but on real behaviour inside the venue.” He adds that the measure is selective and based on past experience rather than applied at random.

Hotel managers report similar practices to preserve order and safety. Axel Lewin, director of the Hotel Zenit Diplomatic, recalled incidents in which police were called and the situation then calmed down. “We are a public establishment, but order must be maintained; otherwise other guests are disturbed,” he said. Nacho Guerra, manager of Hotel Siracusa, said his team has had to deny entry or remove disruptive guests to prevent fights, damage or complaints. “When a guest behaved inappropriately, the establishment often ended up bearing the consequences,” he said.

Smaller retailers also face boundary problems, albeit less extreme. Susana Riveiro, owner of the Twenty Andorra shop, said customers sometimes behave differently in a small store than they would in a larger one and admitted she is prepared to refuse service if a customer shows clear disrespect or lacks empathy toward staff. “Working with the public means enduring some customers’ lack of emotional intelligence,” she said.

Because Andorra has no specific statutory framework, proprietors combine experience, observation and personal judgment to manage coexistence and protect their businesses. By contrast, in countries such as Spain each autonomous community regulates the right of admission with specific rules. Those frameworks emphasize respect for fundamental rights and non‑discrimination, prohibit arbitrary refusals, and allow denial of access for violent behaviour or for carrying objects or symbols that pose a risk, as well as for safety reasons such as preventing overcrowding.