is it legal?

spankadamonkee

hi, is it legal for a publican to go to an off licence and buy slabs of heineken , bulmers etc. and then sell them in their pub?

Avns1s

Why wouldn't it??

Orion

It's been happening for quite a while. Some supermarkets/off licenses sell cans cheaper than the wholesalers. Nothing illegal about it.

Paulw

I can't see how it would be illegal.

spankadamonkee

Avns1s wrote: »

Why wouldn't it??

well thats why i started the thread. because i didnt know. it says on the slabs that they are not to be sold seperately. thats where i thought there would be a problem.

Our man in Havana

Not an issue at all. Not to be sold separately is legally unenforceable.

MagicSean

His supplier might have a problem if they found out though. Aren't they quite strict about this kind of thing? One might say cartel-like.

JustAddWater

Thought they weren't allowed to do that because of excise duty? I may be wrong

Our man in Havana

You are wrong. Nothing to do with excise duty.

drkpower

Haddockman wrote: »

Not an issue at all. Not to be sold separately is legally unenforceable.

Be careful about your choice of language. While it certainly isnt 'illegal', it may be in breach of contract, which may very well be legally enforceable.

dermot_sheehan

If that contract is in restraint of trade or violates s. 4 of the Competition Act 2002 by limiting competition it is void.

Zambia

The notice would be null and void for the following purchaser surely

Packager sells to Dunnes who sell the case as a case.

Pub buys case surely the notice does not apply to him/her.

On another piont if the VAT is paid by dunnes does the pub also charge VAT?

nompere

Zambia wrote: »

On another piont if the VAT is paid by dunnes does the pub also charge VAT?

VAT law makes it mandatory for an accountable person (Dunnes Stores) to provide a VAT invoice to another accountable person where tax has been charged. This was contained in Section 17 (1) VAT Act 1972 which is now Section 66 (1) VAT Consolidation Act 2010.

This is from Revenue's notes on the Consolidation Act:

Where an accountable person supplies goods or services to another
accountable person ... he/she must issue a
VAT invoice in accordance with regulations.

So the pub gets a VAT invoice, claims the VAT credit, and charges VAT on the sale. It's exactly the same as if they bought the drinks from a wholesaler or a brewery.

spurs2010

It depends,if a publican sells off licence cans without himself holding an off licence he be braking licensing laws he may also be conning the taxman out of government duty on a keg etc and breaching his contract with brewery

Victor

spurs2010 wrote: »

he may also be conning the taxman out of government duty on a keg

Did you actually bother to read the thread?