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Question RE purchasing alcohol

  • 10-10-2011 2:37pm
    #1
    Closed Accounts Posts: 18,335 ✭✭✭✭UrbanSea


    Not a big issue here but it just peed me off all the same.

    Was in a Dunnes Stores last week with a friend of mine who has buying some vodka. I walked up to the till with her not thinking,just chatting to her. She gave her the vodka,and as expected,asked her for her i.d. That was grand.
    Then the cashier asked me for i.d to which I said 'I'm not buying it'' but was told I still needed to show i.d.
    Showed her my licence anyway and she said they don't accept licences and her manager confirmed that who was walking by.

    This got me thinking. Can they refuse her drink cos they wouldn't take my i.d? The sale,and ultimately the contract,was with her.
    Say for example a woman and son are going up to the till and she's obviously overage and he is obviously underage,they're hardly going to ask him for id.
    I know that's a different scenario but it's ultimately the same principle,I had nothing to do with her purchasing alcohol.

    Just wanted to see what people think.


«1

Comments

  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    A retailer can refuse to sell anything they want, to anyone they want, at any time. There is no inherent right to buy anything that is on sale.

    In the case of alcohol, they can refuse to sell on the grounds that it may be being bought for a minor. Not that they actually need a reason, but that is a legal requirement when selling alcohol.


  • Closed Accounts Posts: 1,417 ✭✭✭reprazant


    Dunnes Stores don't accept drivers licenses?


  • Registered Users, Registered Users 2 Posts: 2,282 ✭✭✭MyKeyG


    Legally speaking I concur with Jor-El. Retail premises reserve the right to refuse the sale of goods/services to whomever they wish for whatever reason they wish, unless of course you're a foreign national or a member of the travelling community:rolleyes:. With regards alcohol, assuming a drivers license not being acceptable is justified, the penalties for an establishment licensed to sell alcohol not following due process for it's sale are quite severe. As far as that individual was concerned your friend was buying alcohol in the company of an individual unable to provide adequate ID and who for all she knew would be helping to indulge in the grog.

    The unfortunate thing is that anyone with a half decent printer/scanner can make up a false drivers license with very little trouble. It's acceptable to the Traffic Corps because they can check it on the spot but Dunnes staff don't have that luxury. Ultimately I don't see the big deal in accepting drivers license but if that's their policy there's not much you can do about it.


  • Registered Users, Registered Users 2 Posts: 11,226 ✭✭✭✭thesandeman


    Lidl operate the same policy. Ive actually seen them refuse to sell to a mother who had her teenage daughter (or so she claimed) with her.


  • Registered Users, Registered Users 2 Posts: 9,625 ✭✭✭wmpdd3


    Its one of the sinaros the guards can use when checking stores are abiding by the law, according to the new video that was shown a few weeks ago as part of staff training where I work.


    Where do you stop though? Can I get served while shopping with my 1 year old?


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  • Registered Users, Registered Users 2 Posts: 3,077 ✭✭✭Shelflife


    For me its an area that shops need to tread very carefully.

    they are entitled to have any procedures that they wish as long as they are not breaking any of the equality laws.

    however (and as an off license holder im awre of the laws) if the senario arose where i went in with my 15 year old to buy drink and was refused on the presumption that i was going to suppy drink to minors i would not take that refusal lieing down and i would feel that my name was sullied as a result of that refusal.

    technically every alcohol sale could be for a minor as wmpdd said where do you draw the line?

    by refusing drink to someone who is in the presence of a minor you are accusing them of breaking the law-- thats flying very close to a defamation suit if you ask me.


  • Registered Users, Registered Users 2 Posts: 6,217 ✭✭✭TheIrishGrover


    Dunno, does your 1 yearold have a drinking problem?


  • Registered Users, Registered Users 2 Posts: 11,226 ✭✭✭✭thesandeman


    Thing is how can the customer prove that the minor is their son/daughter without having to bring both passports or whatever?
    Probably safer in the long run for the retailer just to have a 'zero tolerence' policy in place.


  • Closed Accounts Posts: 216 ✭✭mw3guc


    I've seen people turned away at checkouts similar to the OP. It would make you paranoid about speaking to anyone under 25 in the queue for fear you would be 'associated' and denied the purchase of your alcohol. Don't acknowledge anyone suspiciously young while you're paying at the till either - just in case they don't have the relvant ID :pac:


  • Registered Users, Registered Users 2 Posts: 2,282 ✭✭✭MyKeyG


    Shelflife wrote: »
    by refusing drink to someone who is in the presence of a minor you are accusing them of breaking the law-- thats flying very close to a defamation suit if you ask me.
    Not if buying alcohol in the company of a minor is against the law. Now someone might need to clarify this.

    Ultimately I think the problem arose when the law changed to allow businesses like Dunnes and Tesco do away with off-license positions separate to the grocery section and sell alcohol in the aisles. My local Tesco still has a separate off license and the sign on the door is simple 'No persons under the age of 21 may enter this premises, ID may be requested'. Simple! No suspicion of being associated with the 16 year old in the Q behind you buying a can of coke and a chicken roll.

    The question about where you draw the line is an interesting one though because anyone who's been to certain parts of America knows that you can be 60 years of age with silver hair and still be asked for ID.


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  • Registered Users, Registered Users 2 Posts: 3,077 ✭✭✭Shelflife


    Not if buying alcohol in the company of a minor is against the law. Now someone might need to clarify this.

    its not against the law to be in the company of a minor, its only against the law to actually buy it for a minor.

    while im all for being careful and erring on the right side of the law, i wouldnt be happy refusing a person drink because i THINK they might be supplying minors, in my book its up there with accusing a person you THINK might be shop lifting.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Shelflife wrote: »
    its not against the law to be in the company of a minor, its only against the law to actually buy it for a minor.

    while im all for being careful and erring on the right side of the law, i wouldnt be happy refusing a person drink because i THINK they might be supplying minors,

    In that case, you would be wrong. If the retailer suspects that someone buying alcohol may be supplying it to a minor, then it is a criminal offence for them to sell it. Whether the minor is present or not, if the suspicion is there then there is a legal responsibility on the retailer not to supply it. If they do, they face criminal prosecution.
    Shelflife wrote: »
    in my book its up there with accusing a person you THINK might be shop lifting.

    The law on shop lifting and supplying alcohol (to minors or adults) is completely different. You cannot compare the situations in any way.

    Refusing to supply alcohol on the grounds that it may be for someone that is underage is not defamation of character or anything of the sort. It is a legal requirement of the retailer to do this.


  • Registered Users, Registered Users 2 Posts: 3,077 ✭✭✭Shelflife


    Jor el the point im trying to make is from a defamation pov, if i go into your shop and buy a load of drink and you refuse to sell to me on an unsubstantiated suspicion that i may in the future pass that alcohol onto a minor, you have in my opinion (if you are wrong) defamed my character.

    in the same way that you incorrectly accuse someone of shoplifting you have defamed their character --hence the anology ( im not suggesting they are similar laws but accusing someone in the wrong would be similar)

    From the shop owners pov im just suggesting that they need to be very careful when refusing for this reason.


  • Closed Accounts Posts: 16,096 ✭✭✭✭the groutch


    This has become more significant now because now it's not only the retailer, but the staff member can also be fined a four figure sum.
    So an employee isnt going to take any chances when the reprocussions are so strong.


  • Registered Users, Registered Users 2 Posts: 8,824 ✭✭✭ShooterSF


    jor el wrote: »
    In that case, you would be wrong. If the retailer suspects that someone buying alcohol may be supplying it to a minor, then it is a criminal offence for them to sell it. Whether the minor is present or not, if the suspicion is there then there is a legal responsibility on the retailer not to supply it. If they do, they face criminal prosecution.

    How can you prove to a court's level of proof that someone was suspicious of the person they were selling alcohol to? You'd need to be able to mind read. :confused:


  • Registered Users, Registered Users 2 Posts: 7,692 ✭✭✭Dublin_Gunner


    Shelflife wrote: »
    Jor el the point im trying to make is from a defamation pov, if i go into your shop and buy a load of drink and you refuse to sell to me on an unsubstantiated suspicion that i may in the future pass that alcohol onto a minor, you have in my opinion (if you are wrong) defamed my character.

    in the same way that you incorrectly accuse someone of shoplifting you have defamed their character --hence the anology ( im not suggesting they are similar laws but accusing someone in the wrong would be similar)

    From the shop owners pov im just suggesting that they need to be very careful when refusing for this reason.

    The potential situation with moral prominence will take the high ground here.

    Defamation - accusation of theft, probably upheld

    Defamation - possibly supplying alcohol to a minor, will not be upheld.

    In one case, the shop is acting on their moral/social/legal responsibility to not supply alcohol if there is a genuine suspicion of an adult supplying a minor. This is also a legal requirement.

    In the other, they're just being dicks, or it is a case of mistaken identity, and they're trying to protect their own interests.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    ShooterSF wrote: »
    How can you prove to a court's level of proof that someone was suspicious of the person they were selling alcohol to? You'd need to be able to mind read. :confused:

    They don't have to prove anything, the obligation is on them to NOT sell the alcohol if they have any suspicion about where it's going.
    Shelflife wrote: »
    Jor el the point im trying to make is from a defamation pov, if i go into your shop and buy a load of drink and you refuse to sell to me on an unsubstantiated suspicion that i may in the future pass that alcohol onto a minor, you have in my opinion (if you are wrong) defamed my character.

    If the suspicion exists, then they must refuse the sale. If you are accompanied by someone that cannot show proof of age, then the suspicion exists that you may share the alcohol with them, and the sale must be refused. This does not constitute a defamation of your character, it is compliance with the very strict law on the sale of alcohol.

    Accusing someone of shoplifiting without proof is one thing, but refusing alcohol to someone that you suspect is supplying it to a minor is completely different. If no suspicion exists then the retailer is not going to stop the sale.

    http://www.rrai.ie/_fileupload/Training%20Manuals/RRAI_Training_Manual%20%282%29.pdf

    Read page 30:
    If you are aware or suspicious that alcohol is being purchased for someone who is under 18 then you must refuse the sale
    Only the National Age Card provides a defence in court to a charge of sale to underage persons

    This answers the OP's question of using his driving licence. A passport or driving licence may be accepted by some retailers, but it will not be accepted by a court if it turns out the ID was forged in any way. That is why the Age Card is preferred.


  • Registered Users, Registered Users 2 Posts: 8,824 ✭✭✭ShooterSF


    jor el wrote: »
    They don't have to prove anything, the obligation is on them to NOT sell the alcohol if they have any suspicion about where it's going.

    No I get that. It's if they did serve someone how a court could show there was suspicion. I can see how it would work in a pub environment but not in an off license. It's how you prove there was suspicion after someone was served that was my concern.


  • Registered Users, Registered Users 2 Posts: 2,643 ✭✭✭R.D. aka MR.D


    Tesco has refused to sell me alcohol so many bloody times because i don't have the 'proper' i.d. Despite being 24 years of age and looking it!!!

    So now i refuse to shop for alcohol in Tesco. I know losing one customer won't do them any damage but it makes me feel better!!! :p

    It's so humiliating as a customer who is overage being refused and walking out empty handed.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    ShooterSF wrote: »
    No I get that. It's if they did serve someone how a court could show there was suspicion. I can see how it would work in a pub environment but not in an off license. It's how you prove there was suspicion after someone was served that was my concern.

    CCTV footage showing an adult with a minor, or having minors hanging around outside having been seen with the adult that is buying the alcohol. That could be one way. If you go to buy alcohol and there is nothing to suggest that you are buying for a minor, then the retailer is not going to form that opinion.

    They can always refuse on the grounds on not having appropriate ID though, or if all parties in a group do not have appropriate ID.


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  • Registered Users, Registered Users 2 Posts: 2,347 ✭✭✭si_guru


    What is appropriate ID? Surely your not expected to carry you passport to the shops with you?


  • Registered Users, Registered Users 2 Posts: 9,625 ✭✭✭wmpdd3


    MyKeyG wrote: »
    Not if buying alcohol in the company of a minor is against the law. Now someone might need to clarify this.

    Ultimately I think the problem arose when the law changed to allow businesses like Dunnes and Tesco do away with off-license positions separate to the grocery section and sell alcohol in the aisles. My local Tesco still has a separate off license and the sign on the door is simple 'No persons under the age of 21 may enter this premises, ID may be requested'. Simple! No suspicion of being associated with the 16 year old in the Q behind you buying a can of coke and a chicken roll.

    The question about where you draw the line is an interesting one though because anyone who's been to certain parts of America knows that you can be 60 years of age with silver hair and still be asked for ID.

    Totally agree, it was a much better situation.

    Camera at the entrance too. I can see the RRAI bringing this back in, as they are getting nowhere with Lidl and Aldi even though I do admit they have the most strict serving policeys.

    Superquinn also dont follow the RRAI's guidelines so its up to the government to do away with this internal standard setting.

    I heard of a girl a year ago who was refused service and said she was going down the legal route, once this is said the store has no more to do with the customer and the Legal Dept deal directly with her solicitor, but as far as I can see the case never materialised.


  • Registered Users, Registered Users 2 Posts: 3,077 ✭✭✭Shelflife


    Jor el you are correct in what you say, but in the ops situation he was not buying alcohol and his friend was refused service on the basis that his id wasnt sufficient for the store.

    therefore the store refused to sell to his friend on the basis that she may be supplying alcohol to a minor (as he couldnt verify his age to their satisfaction) so they are effectively accusing her of a criminal act.

    in this instance where the op has shown proof of his age and is not buying alcohol i believe that they are on thin ice, its an over the top reaction imo, and as another poster said where do you draw the line?

    father and son, mother and daughter? it would mean that parents wpuldnt be able to bring their children shopping .


  • Registered Users, Registered Users 2 Posts: 2,282 ✭✭✭MyKeyG


    Shelflife wrote: »
    Jor el you are correct in what you say, but in the ops situation he was not buying alcohol and his friend was refused service on the basis that his id wasnt sufficient for the store.

    therefore the store refused to sell to his friend on the basis that she may be supplying alcohol to a minor (as he couldnt verify his age to their satisfaction) so they are effectively accusing her of a criminal act.

    in this instance where the op has shown proof of his age and is not buying alcohol i believe that they are on thin ice, its an over the top reaction imo, and as another poster said where do you draw the line?

    father and son, mother and daughter? it would mean that parents wpuldnt be able to bring their children shopping .
    Just to reiterate my point. Reverting to alcohol being sold in units separate to the grocery section or having an alcohol only till would eliminate the drawing of any line, or any suspicion, or debates about ID's and accusations and defamations!

    I know the OP is making the point purely out of frustration but where's the big deal really? If you can't get your grog in Dunne's because of one reason or another then there are almost as many off-licenses in every town in Ireland as there are pubs. OK it's less convenient but you get your tipple.

    I once brought a box of beer to the till in a particular supermarket. The guy scanned it, put security tape on it and then said 'would you mind if I asked for ID. I said I didn't have any so he said he couldn't sell it to me as it was their policy. I could have said well then why scan it in, it wasn't your policy last night etc...but I just said 'that's grand' left the beer in front of him and went to an offy. Problem solved. I got my sup and he had to carry the case of beer back to the liquor section.


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    Shelflife wrote: »
    therefore the store refused to sell to his friend on the basis that she may be supplying alcohol to a minor (as he couldnt verify his age to their satisfaction) so they are effectively accusing her of a criminal act.

    There is no implied accusation. If a child suddenly went out of her way to avoid walking past you in the street would you say she's effectively accusing you of being a child molester? After all surely bystanders would be wondering why she did that, even though the child actually just wants to avoid the dog you're walking. Same principle applies, unless an accusation is actually uttered the rest is only in your imagination.


  • Registered Users, Registered Users 2 Posts: 3,077 ✭✭✭Shelflife


    But the accusation IS there. if they give you the reason ---we are not selling alcohol to you because we suspect that you will supply it to minors ---that would be the accusation and unless they could back it up--it would be defamatory !


  • Closed Accounts Posts: 216 ✭✭mw3guc


    ... not to mention the fact that someone who really is supplying alcohol to minors is highly unlikely to bring said minors into the shop with them. So the person who innocently brings along a young person or meets them in the queue gets hammered while the guilty go through without a bother, having their IDs ready to hand and their 'customers' safely out of suspicious sight.


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    Shelflife wrote: »
    But the accusation IS there. if they give you the reason ---we are not selling alcohol to you because we suspect that you will supply it to minors ---that would be the accusation and unless they could back it up--it would be defamatory !

    So you are confusing the act of refusing to sell with the manner in which that refusal is given. A retailer can refuse without giving any reason, or simply give a generic reason such as it's shop policy not to sell to people accompanying minors. There is no accusation in that. So the act of refusing to sell is not an accusation nor is it defamatory, though if it's mishandled it might (just like mishandling refusing to sell other restricted goods).


  • Registered Users, Registered Users 2 Posts: 4,195 ✭✭✭Corruptedmorals


    Dunnes will not accept driving licenses because they are easier to fake. I have signed so many forms and been trained on the sale of alcohol countless times over the years working there, despite only ever working in drapery and never selling alcohol, which shows you how seriously they take it. The store will be shut down if caught and fined heavily to regain their license. The staff member will be sacked, no question. You can see why the staff member has a vested interest in checking ID's of people who are more than likely 25.

    The general thing about buying alcohol when you're in a group is that they have to make sure you're not buying it for someone in the group who is underage. 2 people isn't a group but the principle still stands. So many stores have been stung with this one over the years, it just isn't worth it to them to ignore whoever is standing beside you. I have no idea how they manage the issue of obvious minors.


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  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    si_guru wrote: »
    What is appropriate ID? Surely your not expected to carry you passport to the shops with you?

    Read what's written above. The only legally acceptable ID is a National Age Card. All other forms of ID are not acceptable by a court in the case of criminal prosecution for serving to minors (even a passport).
    Shelflife wrote: »
    Jor el you are correct in what you say, but in the ops situation he was not buying alcohol and his friend was refused service on the basis that his id wasnt sufficient for the store.

    Yes, and this is exactly right. If two people together cannot prove both are over 18, then the alcohol cannot be served. No accusations needed, it's a legal requirement for the shop not to sell it.
    Shelflife wrote: »
    father and son, mother and daughter? it would mean that parents wpuldnt be able to bring their children shopping .

    This has been known to happen on many occasions. The retailers are within their rights to not sell if the alcohol is being bought in the company of minors. They don't always, but some will stick to the letter of the law. A consumer can do nothing about this.


  • Registered Users, Registered Users 2 Posts: 5,933 ✭✭✭daheff


    I dont get the whole national age card thing being more acceptable than a drivers license. Both are government issues forms of identity, both are easily forged.

    to me, anybody who refuses to accept a driving license is effectively suspecting you of forging it...and if you ask most why they wont accept it they'll tell you that they are easily forged (and hence imply suspicion)


    also on the not selling to people who may supply to minors....unless the law has changed, if you are over 16 you are allowed to consume (but not purchase) alcohol.....so (assuming this is still the case) it is not an offence to purchase alcohol of (some)minors

    (i accept i stand open to a lot of criticisim on that last point, and will retract that statement if anybody can prove otherwise)


  • Closed Accounts Posts: 1,645 ✭✭✭Melendez


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 2,282 ✭✭✭MyKeyG


    Dunnes will not accept driving licenses because they are easier to fake.
    That's very true but why the Irish government refuse to take another leaf out of Britain's motoring book and issue plastic ID form drivers licenses is beyond me. http://i.dailymail.co.uk/i/pix/2008/09/11/article-1054636-05D574230000044D-173_468x293_popup.jpg(This picture is a sample card, nobodies privacy is being breached). They adopted the MOT programme to NCT and they also adopted the points system so why not the plastic drivers license? The Garda pulls you over scans it and your info comes up on screen. It fit's in your wallet, doesn't tear, is as difficult to fake as an age card and it doubles as ID. If the government are going to start rolling out more and more regulation regarding the sale of alcohol then they're going to have to meet the public in the middle.

    But 'Mikey' I hear you ask 'where's the trouble in toddling along and getting yourself a Garda age card?'. The answer is simple. I have enough crap in my wallet as it is.


  • Registered Users, Registered Users 2 Posts: 2,282 ✭✭✭MyKeyG


    jor el wrote: »
    Read what's written above. The only legally acceptable ID is a National Age Card. All other forms of ID are not acceptable by a court in the case of criminal prosecution for serving to minors (even a passport).
    Direct from www.rrai.ie

    Proof of Age

    Production of a proof-of-age document will be demanded in all cases where the customer appears to be under the age of 21 years or otherwise where there there is a doubt about his or her age.

    The Garda Age Card is the preferred proof-of-age document.


    Not only does it not specifically mention that drivers license/passport is unacceptable as ID but it states clearly that The Garda Age Card is the preferred not the only proof-of-age document permitted. An individual being prosecuted for the sale/purchase of alcohol where the proof-of-age provided was a license/passport is a new one on me.


  • Registered Users, Registered Users 2 Posts: 7,469 ✭✭✭Pythia


    MyKeyG wrote: »
    That's very true but why the Irish government refuse to take another leaf out of Britain's motoring book and issue plastic ID form drivers licenses is beyond me.

    Funnily enough, there's an article in today's newspaper announcing credit card style licenses. http://www.independent.ie/national-news/new-credit-card-style-driving-licence-to-replace-tattered-paper-version-2903035.html


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  • Registered Users, Registered Users 2 Posts: 2,282 ✭✭✭MyKeyG


    Pythia wrote: »
    Funnily enough, there's an article in today's newspaper announcing credit card style licenses. http://www.independent.ie/national-news/new-credit-card-style-driving-licence-to-replace-tattered-paper-version-2903035.html
    Damn I should have done the lotto!!!




  • I get that it's against the law to sell to minors, but some cop-on is needed. The last time I was in Dublin, they refused to sell my boyfriend a bottle of wine because I was with him and didn't have ID on me (passport was in the house and I don't have an Age Card because I don't live in Ireland). I could understand if we looked young, but ffs he's 28 and I'm 26 and we look it. We were buying one bottle of wine and a load of stuff to cook dinner with. They just kept repeating (rudely) that they had no obligation to sell anything to us, to which we responded that we had no obligation to buy anything. We told the manager we wouldn't be back, left everything there and went next door.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    MyKeyG wrote: »
    Not only does it not specifically mention that drivers license/passport is unacceptable as ID but it states clearly that The Garda Age Card is the preferred not the only proof-of-age document permitted. An individual being prosecuted for the sale/purchase of alcohol where the proof-of-age provided was a license/passport is a new one on me.

    Read the rest of the document, as it specifically states that the Age Card is the only defence in court if your are prosecuted for sale to a minor. Other forms of ID can be accepted, but the retailer takes a risk by doing this, and they will not be accepted by the courts.


  • Registered Users, Registered Users 2 Posts: 2,282 ✭✭✭MyKeyG


    jor el wrote: »
    Read the rest of the document, as it specifically states that the Age Card is the only defence in court if your are prosecuted for sale to a minor. Other forms of ID can be accepted, but the retailer takes a risk by doing this, and they will not be accepted by the courts.
    I'm genuinely not being smart but I can't find anything about prosecution on the RRAI website. And to be honest if that is the case then the code of practise for the sale of alcohol appears to be in conflict with court procedure.


  • Registered Users, Registered Users 2 Posts: 32,386 ✭✭✭✭rubadub


    UrbanSea wrote: »
    Say for example a woman and son are going up to the till and she's obviously overage and he is obviously underage,they're hardly going to ask him for id.
    Shelflife wrote: »
    father and son, mother and daughter?
    Tesco refused to sell wine to a suburban mother aged 46... in case she gave it to her 14-year-old daughter

    Read more: http://www.dailymail.co.uk/news/article-1158864/Tesco-refused-sell-wine-46-year-old-woman--case-gave-14-year-old-daughter.html#ixzz1az0IYSKa

    MyKeyG wrote: »
    I'm genuinely not being smart but I can't find anything about prosecution on the RRAI website. And to be honest if that is the case then the code of practise for the sale of alcohol appears to be in conflict with court procedure.
    http://www.rrai.ie/_fileupload/Training%20Manuals/RRAI_Staff_Training_Manual_12pages.pdf
    NB – ONLY THE NATIONAL AGE CARD PROVIDES A DEFENCE IN COURT TO A CHARGE OF SALE TO AN UNDERAGE PERSON.
    Where management policy may accept passports and drivers licences as proof of age documents this is done in
    recognition that the only acceptable defence in court to a charge of sale of alcohol to an underage person is the
    National Age Card. Student cards may not be accepted under any circumstances.
    Take time to examine the ID carefully and compare the photograph to the customer.
    Ask yourself does the ID look genuine. If you are unhappy with the age ID refuse the
    sale politely.
    If no acceptable ID is produced, decline the sale
    politely and request the customer to return with
    acceptable proof of age documentation.
    If you encounter resistance stay calm and explain that under the law you
    are obliged to ask for proof of age. If a customer persists, refer the matter
    to the manager.
    Even regular customers (whom you may have asked before for proof of age or whom may be known to you
    i.e. neighbours etc.) must be asked for proof of age on each occasion if they look younger than 21.
    If you are aware or suspicious that alcohol is being purchased for someone who is under 18 then you must refuse
    the sale.


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  • Registered Users, Registered Users 2 Posts: 2,282 ✭✭✭MyKeyG


    Granted but you'd imagine the line that precedes:
    NB – ONLY THE NATIONAL AGE CARD PROVIDES A DEFENCE IN COURT TO A CHARGE OF SALE TO AN UNDERAGE PERSON.

    Would read:
    The Garda National Age Card is the only acceptable proof of age.
    Instead of:
    The Garda National Age Card is the preferred proof of age.

    I suppose what really grinds my gears is that these strict regulations seem only to be enforced in shopping centres with people trying to buy a bottle of wine with dinner and not so much the establishments where your ID is a 6 inch skirt with five inch heels.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    It's preferred because the retailer may accept other IDs if they wish. Most people that carry a drivers licence as ID will not have a fake one, so in most cases anyone showing it would be genuinely over 18. If however it is a fake ID, then the retailer is criminally liable for selling, which is why many retailers will refuse anything but the National Age Card. If someone is over 18, then no criminal case can be brought for selling the alcohol, so accepting a drivers licence would not be a problem.

    Common sense does play a part in ID checking, but some retailers seem to take parts of the law and implement it blindly, without applying any common sense at all. At the end of the day, the retailer doesn't have to sell you anything, and you can either accept that or not.


  • Closed Accounts Posts: 7,213 ✭✭✭daenerysstormborn3


    I did the shopping in Tesco one night, a fully loaded trolley, about €200 worth of groceries so a lot of stuff. About midway down the conveyor belt was a bottle of Captain Morgans. The woman at the till put through the groceries up to this point and then asked me if I had ID which I did. She then asked my friend (who had given me a lift to tesco) if she had ID, she produced her drivers licence. My friend was told that wasn't valid ID and I was refused the sale of the bottle of Captain Morgans based on this. So I unpacked the groceries that I had bagged so far and left them at the till and the rest on the conveyor belt and proceeded to exit the store. The queue behind me was about 10 people long and the woman at the till began putting the items back in the trolley to be returned to the shelves. As I was leaving the shop a supervisor came over to me and asked me what the problem was? I told her what had happened and she complained that I had left her staff with more work to do and there was no need to over react. The same as some of the other posters have said, she told me that they had no obligation to sell anything to me but then gave out to me for leaving my shopping, to which I replied that I had no obligation to buy anything and would not be returning to the shop.


  • Closed Accounts Posts: 18,335 ✭✭✭✭UrbanSea


    I would have done the same pixie.
    It wasn't an overreaction,I'd imagine it would happen quite a bit.


  • Registered Users, Registered Users 2 Posts: 2,282 ✭✭✭MyKeyG


    I did the shopping in Tesco one night, a fully loaded trolley, about €200 worth of groceries so a lot of stuff. About midway down the conveyor belt was a bottle of Captain Morgans. The woman at the till put through the groceries up to this point and then asked me if I had ID which I did. She then asked my friend (who had given me a lift to tesco) if she had ID, she produced her drivers licence. My friend was told that wasn't valid ID and I was refused the sale of the bottle of Captain Morgans based on this. So I unpacked the groceries that I had bagged so far and left them at the till and the rest on the conveyor belt and proceeded to exit the store. The queue behind me was about 10 people long and the woman at the till began putting the items back in the trolley to be returned to the shelves. As I was leaving the shop a supervisor came over to me and asked me what the problem was? I told her what had happened and she complained that I had left her staff with more work to do and there was no need to over react. The same as some of the other posters have said, she told me that they had no obligation to sell anything to me but then gave out to me for leaving my shopping, to which I replied that I had no obligation to buy anything and would not be returning to the shop.
    Well I'm sorry but your actions there were just rude and discourteous to other shoppers all of who did nothing to antagonise or treat you unfairly. Like I said in a previous post I just left a case of beer behind and walked off, she simply moved it to one side and kept going. But to hold people up while she had to load €200 worth of groceries into the trolley and call a manager to void the scanned items up to that point is completely out of order.


  • Closed Accounts Posts: 382 ✭✭Mister Dread


    She was dead right. Let the shops no thank there is a downside to their ridiculous over the top policies.


  • Registered Users, Registered Users 2 Posts: 3,077 ✭✭✭Shelflife


    I dont think that the poster was rude in the slighest, the only difference between you was the amount of product that ye were buying.

    in that instance, thats just procedures gone mad, the buyer produced a valid ID and their friend produced an official ID which proved their age, they were not buying anything in the store, they dont need to have an approved id.

    I find the supervisors reaction bizarre to say the least, we refuse to sell you this item because of our petty procedures but we expect you to give us the rest of your custom without a quibble.

    if that is the procedure in that store then how would a parent with children of any age buy any alcohol.

    jobsworths, you cant beat them.


  • Registered Users, Registered Users 2 Posts: 2,282 ✭✭✭MyKeyG


    She was dead right. Let the shops no thank there is a downside to their ridiculous over the top policies.
    I wonder would you think the poster was dead right if it were you standing in the Q behind with your trolley full of groceries having been at work all day with a kid pulling at your leg while the till assistant has to load up all the posters goods and get someone to reverse the items scanned.


  • Closed Accounts Posts: 382 ✭✭Mister Dread


    I would. I'd also chastise the shop workers for causing the situation.


  • Registered Users, Registered Users 2 Posts: 2,282 ✭✭✭MyKeyG


    Shelflife wrote: »
    I find the supervisors reaction bizarre to say the least, we refuse to sell you this item because of our petty procedures but we expect you to give us the rest of your custom without a quibble.
    That's because the rest of the items are not restricted to conditional sale! Alcohol is.:rolleyes:
    if that is the procedure in that store then how would a parent with children of any age buy any alcohol.
    That has been debated at length.


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