Section 23: Access to premises

23. Access to premises (1) Subject to subsection (2), no person shall discriminate against another person— (a) by refusing to allow him access to, or the use or enjoyment of any premises, which the public or a section of the public may enter or use, whether on payment or not; (b) in the terms or conditions on which he is allowed to have access to or use or enjoy any such premises; (c) in relation to the provision of means of access to any such premises; or (d) by requiring him to leave any such premises or to cease to use or enjoy the premises or by unjustifiably restricting in any other way any such use or enjoyment. (2) Subsection (1) shall not apply to the access to or use or enjoyment of any premises by a person with an impairment where— (a) the premises are not designed or constructed in such a way as to render them accessible to a person with the impairment; and [Issue 2] E13A – 16 Revised Laws of Mauritius (b) any alteration to the premises would impose unjustifiable hardship on the person required to provide access. (3) For the purposes of subsection (2), in determining what constitutes unjustifiable hardship, all relevant circumstances of the particular case shall be taken into account including— (a) the nature of the benefit, facility or service or detriment likely to accrue or be suffered by any person concerned; and (b) the financial circumstances of, and the estimated amount of expenditure required to be made by, the person required to provide access.