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Not getting served because with an underager

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    #32
    NormaJean
    Registered Users Posts: 12 ✭NormaJean


    Shelflife wrote: »
    if its the case that they refused the op because they believed that they were supplying an underage person, then if thats not the actual case, has the shop assistant defamed the op of accusing them of attempting to act in an illegal manner?

    by the same token do they refuse parents who are with children?

    EXACTLY. I told him when ever my parents bought drink with me I was never asked for ID. And I was only bringing my sister to help me carry the shopping. Load of BS!


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    #33
    NormaJean
    Registered Users Posts: 12 ✭NormaJean


    big_show wrote: »
    I was under the impression that once OP bought the Alcohol, it would be him that would held responsible if he gave it to the minor and not lidl's?

    That's what I'm saying. I should get in trouble if I supplied the alcohol. Not lidl!


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    #34
    paky
    Banned (with Prison Access) Posts: 2,138 ✭✭✭paky


    Sala wrote: »
    I got asked for ID in Lidl a couple of weeks ago. I am 25. I never get asked for ID. It must be some sort of company policy.

    its policy in big supermarkets to ask for id if you look under 25.

    the guy was probably just covering his a.ss or was just been a moron about it.


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    #35
    28064212
    Registered Users Posts: 10,494 ✭✭✭✭28064212


    NormaJean wrote: »
    EXACTLY. I told him when ever my parents bought drink with me I was never asked for ID. And I was only bringing my sister to help me carry the shopping. Load of BS!
    NormaJean wrote: »
    That's what I'm saying. I should get in trouble if I supplied the alcohol. Not lidl!
    Read this post again. You asked for the laws surrounding it. The store is liable if they sell you alcohol that they suspect will be consumed by under-18s. Under-18s are legally allowed to drink with the permission of their parents, which is why you don't need ID with them.

    The law is an ass, not the checkout guy

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    #36
    source
    Registered Users Posts: 5,269 ✭✭✭source


    28064212 wrote: »
    Read this post again. You asked for the laws surrounding it. The store is liable if they sell you alcohol that they suspect will be consumed by under-18s. Under-18s are legally allowed to drink with the permission of their parents, which is why you don't need ID with them.

    The law is an ass, not the checkout guy

    Just for clarity, the part I've highlighted is only in the family home, not a public place. ie, Mom and Dad can't decide you can have a drink and then buy you one in a pub.


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    #37
    MeerKat17
    Registered Users Posts: 158 ✭✭MeerKat17


    NormaJean wrote: »
    Today I went to Lidl. It's my 18th birthday and I wanted to buy some alcohol.
    I went up to the counter with my 15 year old sister and the man refused to sell me the alcohol because my sister was underage.
    I mean come on, I'm 18 why cant I buy it. He told me if my parents were there it would be fine but I'm 18, I'm an adult, They're not responsible for me. :eek:

    Is this an actual Law? Would it be the same story if I walked up with my 10 year old brother? :mad:[/QUOT

    It happens unfortunately. Last Paddy's day I went in to Dunnes with my OH to buy beer, I was 26, he was 28, I was buying the beer and was asked for ID and showed it no problem, my OH who was standing beside me was also ID'd but he only had his UK ID with him and the guy serving refused to sell us alcohol as a result...even though we were 26 and 28.....I was raging!!


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    #38
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    NormaJean wrote: »
    EXACTLY. I told him when ever my parents bought drink with me I was never asked for ID. And I was only bringing my sister to help me carry the shopping. Load of BS!

    So you told him you were actually planning on handing her the alcohol to her? This would not have helped your case.
    28064212 wrote: »
    Read this post again. You asked for the laws surrounding it. The store is liable if they sell you alcohol that they suspect will be consumed by under-18s. Under-18s are legally allowed to drink with the permission of their parents, which is why you don't need ID with them.

    The law is an ass, not the checkout guy

    I think it's a pretty useful law.


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    #39
    Shelflife
    Registered Users Posts: 3,073 ✭✭✭Shelflife


    234 wrote: »
    You could try and crowbar the facts given into qualified privilege, honest opinion or innocent publication. Even if not the case would probably be laughed out of court for obvious reasons. If not they would probably get contemptious damages. There would be strong public policy reasons against allowing any such defamation action to succeed, otherwise if somebody was refused service at a bar without ID based on the fact that they looked 16 but were in fact 18 then this could be construed as an allegation of an attempt to committ a criminal offence and suddenly every 18 year old who didn't get served could sue.

    In the case of not selling to an 18yr old with no id, this would be covered by the fact that the assistant was protecting herself from committing a crime by refusing to serve.

    However once you have proven your age, to refuse to serve someone because you believe they will give it to someone underage without any proof is a minefield. If i was accused of selling alcohol to underaged people i would not be happy at all and at minimum would expect a grovelling apology from the owner.

    Fwiw i have an off licence and we are very careful about who we sell to, i do believe that unless you have proof ie: you have seen someone hand the alcohol to an underage person then you would have to be very careful about what you accuse someone of.


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    #40
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Shelflife wrote: »
    In the case of not selling to an 18yr old with no id, this would be covered by the fact that the assistant was protecting herself from committing a crime by refusing to serve.

    However once you have proven your age, to refuse to serve someone because you believe they will give it to someone underage without any proof is a minefield. If i was accused of selling alcohol to underaged people i would not be happy at all and at minimum would expect a grovelling apology from the owner.

    Fwiw i have an off licence and we are very careful about who we sell to, i do believe that unless you have proof ie: you have seen someone hand the alcohol to an underage person then you would have to be very careful about what you accuse someone of.

    At this point you have committed an offence though.


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    #41
    Shelflife
    Registered Users Posts: 3,073 ✭✭✭Shelflife


    No, if you find out subsequent to selling the alcohol you havnt committed an offence. If you know that they will pass it on, then you have committed an offence.


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    #42
    234
    Registered Users Posts: 1,529 ✭✭✭234


    Shelflife wrote: »
    In the case of not selling to an 18yr old with no id, this would be covered by the fact that the assistant was protecting herself from committing a crime by refusing to serve.
    Afraid not. Taking precautions to prevent the commission of an offence is not a defence to a defamation action, though it obviously would be taken into account.
    First of all it would be unlikely that any of this would constitute defamation for obvious public policy and common sense reasons. However, if you want to look at it hypothetically the fact that you were taking precautionary measures doesn't help your case. Defamation is the publication of a false statment about a person that tend to lower the reputation of that person in the eyes of reasonabel members of society. So if the people behind the fictional 26 year old with no ID in the queue would take from your refusal to serve him that you thought he was underage and trying to committ an offence then there would be defamation. Doesn't matter how responsibly you though you were acting.


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    #43
    MonTheBiffy
    Registered Users Posts: 189 ✭✭MonTheBiffy


    So if you have say a 5-year-old child with you will they not serve you on the assumption that you are buying 4 bottles of vodka and 3 crates of Bulmers for him?

    Absolute joke, don't they realise if you're buying hooch for young 'uns they wait outside looking all shady


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    #44
    anny
    Closed Accounts Posts: 6 ✭anny


    the law here is non sensical if one was to buy alcohol for the purpose of giving it to a minor then they would tell them to wait outside.it is an embarassing situation for a person to be put in this situation....what if you have id look young and have your son or daughter with you??where is the dividing line?? and why are driving licences not accepted by certain stores...it makes no dense imo


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    #45
    Shelflife
    Registered Users Posts: 3,073 ✭✭✭Shelflife


    If its store policy not to sell to people who are in the company of minors then thats fine.

    However if you are refusing sales to some people and not others who are in the company of minors and you are doing so on a whim or hunch and no hard evidence i believe that you are leaving yourself open to alot of trouble.

    If you accuse someone of selling drink to minors, that in my opinion would be defaming their character.


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