Gardaí sending in underagers to Off Licences?

actuallylike

How do,
Posting this here as was wondering what the legal backround is in doing this. It's happened a few of the Off Licence's in our area. Well, can't be 100% sure but we've refused people drink for not having ID, and then seen them approaching a Garda car when they leave.

Can they do this? Make someone underage try to obtain alcohol illegally just so they can act on it? Seems pretty offside to be honest. If I see it happen again, I'd like to approach the Garda in question and let him/her know how I feel about the whole situation.

Tom Young

The Gardai might just be checking themselves that same said are not served.

Entrapment and conspiracy would be unlikely from an underage person. In fact, I'd have thought highly unlikely.

Can you prove it? ... Even on the balance of probabilities?

looksee

How do you know they are underage if they didn't have identification?

MagicSean

Yes they can. It was brought in under recent legislation.

Rascasse

Its an official scheme: http://www.shelflife.ie/article.aspx?id=2531

I'm surprised its new here. I knew someone who did this in England in the mid 90's. Spent a couple of hours being driven around to try to buy cans in newsagents by trading standards. He got a WH Smith voucher his effort, a whopping £10 I think it was.

seamus

actuallylike wrote: »

If I see it happen again, I'd like to approach the Garda in question and let him/her know how I feel about the whole situation.

Please don't. It's not your place to tell an individual Garda how you feel about his or her actions.

If you would like to express concerns about the general conduct of an investigation/operation, then the local super is the place to go.

If you believe that a Garda is in breach of the law or acting in a grossly inappropriate fashion, then raise a complaint with the Garda ombudsman.

Approaching a Garda while on duty to have a go at them will not give you any kind of solution to your complaint and in the wrong circumstances could lead to an arrest or caution.

Cushie Butterfield

How else would they enforce the law? It's not as if underage drinkers would report themselves for being served alcohol.

actuallylike

looksee wrote: »

How do you know they are underage if they didn't have identification?

They were asked straight out how old they were before been asked for ID, they answered 17.

seamus wrote: »

Please don't. It's not your place to tell an individual Garda how you feel about his or her actions.

If you would like to express concerns about the general conduct of an investigation/operation, then the local super is the place to go.

If you believe that a Garda is in breach of the law or acting in a grossly inappropriate fashion, then raise a complaint with the Garda ombudsman.

Approaching a Garda while on duty to have a go at them will not give you any kind of solution to your complaint and in the wrong circumstances could lead to an arrest or caution.

Ah, I probably wouldn't approach them to be fair. Being in the business, it's best to have them on your side then not I guess. It's just annoying, they're always in moaning that some kid down the road was caught with drink and whenever we ring them to say we've witnessed second hand purchasing, not once have they ever followed it up and now here they are trying to get us to slip up?

Having a read of that article makes for some grim reading though . Have enough people to be looking out for and now the gards too?

MagicSean

actuallylike wrote: »

They were asked straight out how old they were before been asked for ID, they answered 17.

Ah, I probably wouldn't approach them to be fair. Being in the business, it's best to have them on your side then not I guess. It's just annoying, they're always in moaning that some kid down the road was caught with drink and whenever we ring them to say we've witnessed second hand purchasing, not once have they ever followed it up and now here they are trying to get us to slip up?

Having a read of that article makes for some grim reading though . Have enough people to be looking out for and now the gards too?

Why would you have to look out for Gardaí? If you are doing your job legally and properly you don't have to worry about anything. It's not exactly hard to ask someone you don't know for ID

Procrastastudy

OP bear in mind the only ID you can use as a defense if you do serve someone underage is a Garda Age Card. A passport, drivers license, birth cert or phone call to mum won't be of any use.

actuallylike

Procrastastudy wrote: »

OP bear in mind the only ID you can use as a defense if you do serve someone underage is a Garda Age Card. A passport, drivers license, birth cert or phone call to mum won't be of any use.

I've heard of that, what about someone who isn't Irish though, without a Garda ID?

Procrastastudy

actuallylike wrote: »

I've heard of that, what about someone who isn't Irish though, without a Garda ID?

Tough. Unless you're willing to take the risk of course.