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Refused sale of alcohol - forced to buy in lower quantities

  • 17-01-2013 6:35pm
    #1
    Registered Users, Registered Users 2 Posts: 329 ✭✭


    Hi all,

    Firstly, this is not a "they didn't accept my ID" thread.

    I went into a shop today to buy vodka. I wanted 35cl but was going to browse to see if I could get a larger quantity for a cheaper price.

    I saw that a litre of Smirnoff was being sold for €20 - a bargain! I went up with the bottle and gave the clerk my ID (Garda age card).

    He said "so you've just turned 18?" I said "yes". He then explained to me that he is not allowed to sell 18 year olds bottles - only naggins and cans.

    I went there the other day and bought a bottle no problem.

    So I was forced to buy 350mls of a cheaper brand for 11 euro when I could've gotten a more expensive brand and nearly 3 times the amount for only double the price.

    I was completely ripped off. I'm just wondering if the shop has a right to refuse the sale and force me to pay a higher price per litre?


«1

Comments

  • Registered Users, Registered Users 2 Posts: 9,208 ✭✭✭keithclancy


    Cathalog wrote: »
    Hi all,

    Firstly, this is not a "they didn't accept my ID" thread.

    I went into a shop today to buy vodka. I wanted 35cl but was going to browse to see if I could get a larger quantity for a cheaper price.

    I saw that a litre of Smirnoff was being sold for €20 - a bargain! I went up with the bottle and gave the clerk my ID (Garda age card).

    He said "so you've just turned 18?" I said "yes". He then explained to me that he is not allowed to sell 18 year olds bottles - only naggins and cans.

    I went there the other day and bought a bottle no problem.

    So I was forced to buy 350mls of a cheaper brand for 11 euro when I could've gotten a more expensive brand and nearly 3 times the amount for only double the price.

    I was completely ripped off. I'm just wondering if the shop has a right to refuse the sale and force me to pay a higher price per litre?

    You weren't forced to do anything, you could have just gone to a different shop.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Short answer is there is no law stating you are not allowed buy bottles.

    The off licence decided to make even more from you by forcing you to buy a more expensive(per litre) product and took advantage of most young people's ignorance of their rights.


  • Closed Accounts Posts: 18,966 ✭✭✭✭syklops


    He then explained to me that he is not allowed to sell 18 year olds bottles - only naggins and cans.

    At this point you should have said, "Well buddy boy, you have lost yourself a consumer, and further more I am opening a thread on this on boards.ie. I might even put a call in to Joe Duffy, either way you're not getting a penny off me until this rule is relaxed. Bu-bye!"


  • Registered Users, Registered Users 2 Posts: 2,058 ✭✭✭AltAccount


    foggy_lad wrote: »
    Short answer is there is no law stating you are not allowed buy bottles.

    The off licence decided to make even more from you by forcing you to buy a more expensive(per litre) product and took advantage of most young people's ignorance of their rights.

    What rights are you referring to exactly?


  • Registered Users, Registered Users 2 Posts: 14,681 ✭✭✭✭P_1


    Just because something is available for sale doesn't mean that the shop has to sell it to you.

    Simple case of 'invitation to treat' in action.


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  • Registered Users, Registered Users 2 Posts: 1,611 ✭✭✭cgarrad


    Surprised by this, either allow purchase of alcohol by 18 year olds or not.

    Enforcing arbitrary quantities is total nonsense.


  • Registered Users, Registered Users 2 Posts: 14,681 ✭✭✭✭P_1


    cgarrad wrote: »
    Surprised by this, either allow purchase of alcohol by 18 year olds or not.

    Enforcing arbitrary quantities is total nonsense.

    It's the shop applying their own additional control to the purchase of alcohol.

    Maybe the area around it has a problem with 18 year olds off their heads on vodka?


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    AltAccount wrote: »
    What rights are you referring to exactly?

    It sounds like the shop was trying to make the person believe that they could not legally sell them larger quantities because of their age. Any 18 year old has the right to purchase any amount of alcoholic beverages evn if they have just turned 18.


  • Registered Users, Registered Users 2 Posts: 744 ✭✭✭dpofloinn


    You simply had the piss taken out of you


  • Registered Users, Registered Users 2 Posts: 4,597 ✭✭✭dan1895


    Possibly age discrimination? More than likely though, they were taking advantage of your youth and naivete to get a few extra Euro out of you.


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  • Registered Users, Registered Users 2 Posts: 10,967 ✭✭✭✭28064212


    foggy_lad wrote: »
    It sounds like the shop was trying to make the person believe that they could not legally sell them larger quantities because of their age. Any 18 year old has the right to purchase any amount of alcoholic beverages evn if they have just turned 18.
    And any shop has the right to refuse to sell to that same 18 year old. Just like any shop can decree that they will only sell toothpaste on the 3rd Tuesday of every month to people wearing sandals.

    The only way the OP could have a case is under the Equal Status Act on the basis of age discrimination

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  • Registered Users, Registered Users 2 Posts: 329 ✭✭Cathalog


    You weren't forced to do anything, you could have just gone to a different shop.

    I did this. Guess how much the same product was in a different shop? Over €30.
    foggy_lad wrote: »
    Short answer is there is no law stating you are not allowed buy bottles.

    The off licence decided to make even more from you by forcing you to buy a more expensive(per litre) product and took advantage of most young people's ignorance of their rights.

    I do know of my right to buy any alcoholic beverage that I want now that I'm 18. However, I did know that a shop didn't have to sell me anything (read posts below).
    syklops wrote: »
    At this point you should have said, "Well buddy boy, you have lost yourself a consumer, and further more I am opening a thread on this on boards.ie. I might even put a call in to Joe Duffy, either way you're not getting a penny off me until this rule is relaxed. Bu-bye!"

    You really think that a normal employee/clerk at a store could give a damn about that? A manager maybe, but not a lad at the till.
    28064212 wrote: »
    And any shop has the right to refuse to sell to that same 18 year old. Just like any shop can decree that they will only sell toothpaste on the 3rd Tuesday of every month to people wearing sandals.

    The only way the OP could have a case is under the Equal Status Act on the basis of age discrimination

    Thanks. That's very helpful.


  • Registered Users, Registered Users 2 Posts: 329 ✭✭Cathalog


    Old post where I quoted a UK law by accident:
    I had a brief look at that Act, and this is why it may not apply:

    (1)A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's.

    (2)For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B's if—

    (a)A applies, or would apply, it to persons with whom B does not share the characteristic,

    (b)it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it,

    (c)it puts, or would put, B at that disadvantage, and

    (d)A cannot show it to be a proportionate means of achieving a legitimate aim.
    Source: http://www.legislation.gov.uk/ukpga/2010/15/section/19

    Now the aim of the store is to probably prevent teens going mad on vodka in the area. So perhaps it's in their right?
    I'd love to go in and ask them for 5 naggins (makes up 1L) and see what they say.
    If I was allowed to purchase them, then this is pure and utter discrimination.

    The fact that I bought a 70cl bottle for 17 or 18 euro a few days beforehand without problems may also indicate that I was discriminated against. (The €20/L offer wasn't available at the time)

    Anyways, I'll shoot off an email to them quoting the Act and see what I get. Also will threaten to post their name here.

    Well I found the text of the Equal Status Act here: http://www.irishstatutebook.ie/2000/en/act/pub/0008/print.html#sec3
    Seems promising. I'll give myself a go at sending an email.

    EDIT: I think I just quoted a UK Act, and not the EU one... How ever I managed that. Better do some more research.

    EDIT2: Equal Status Act included


  • Registered Users, Registered Users 2 Posts: 19,154 ✭✭✭✭Del2005


    28064212 wrote: »
    And any shop has the right to refuse to sell to that same 18 year old. Just like any shop can decree that they will only sell toothpaste on the 3rd Tuesday of every month to people wearing sandals.

    The only way the OP could have a case is under the Equal Status Act on the basis of age discrimination



    The OP wanted to buy something in a big bottle. The shop worker said no you're too young to buy that, but here you can buy a smaller bottle of the same product.

    Seems like a fairly clear case of age discrimination to me. Did they have any age restrictions on view?


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Cathalog wrote: »
    EDIT: I think I just quoted a UK Act, and not the EU one... How ever I managed that. Better do some more research.

    While you're at it you might want to see how European law is enacted in Ireland :D

    OP may have a case under discrimination - it's not that the shop refused to serve him, which they can do, but they gave reasons and limited their product range on the grounds of age.


  • Registered Users, Registered Users 2 Posts: 329 ✭✭Cathalog


    Del2005 wrote: »
    The OP wanted to buy something in a big bottle. The shop worker said no you're too young to buy that, but here you can buy a smaller bottle of the same product.

    Seems like a fairly clear case of age discrimination to me. Did they have any age restrictions on view?

    Nothing that I could see. I bought a bottle there (70cl) a few days ago. My ID was checked and there were no problems.

    I've sent them an email regarding the issue explicitly stating how they discriminated me, quoting the Equality Act.


    I edited my previous post with a link to what I used. It's Irish law this time :P


  • Closed Accounts Posts: 18,966 ✭✭✭✭syklops


    You really think that a normal employee/clerk at a store could give a damn about that? A manager maybe, but not a lad at the till.

    How do you know the guy you talked to wasn't the manager or even owner. Even that aside, how about this:

    Day #1 Manager => Chad(Worker) : "how are we doing today?"

    Chad:"Well I had a few teenagers in looking to buy litre bottles of vodka but I told them our rule and they didnt buy anything and left"
    Manager:"So we have curbed teen binge drinking. Great!"
    Chad:"Yeah, but there is also 90 quid less in the cash register than there could have been"
    Manager:"We'll get over it"

    Day #2 Manager => Chad(Worker) : "how are we doing today?"

    Chad:"Well I had a few teenagers in looking to buy litre bottles of vodka but I told them our rule and they didnt buy anything and left"
    Manager:"So we have curbed teen binge drinking. Great!"
    Chad:"Yeah, but there is also 90 quid less in the cash register than there could have been"
    Manager:"We'll get over it"

    Day #3 Manager => Chad(Worker) : "how are we doing today?"

    Chad:"Well I had a few teenagers in looking to buy litre bottles of vodka but I told them our rule and they didnt buy anything and left"
    Manager:"Chad, I've been talking to them upstairs, takings are down. If things dont improve we're going to have to lose some people, and by people I mean you.
    Chad:"How about we get rid of our dumb f^%king rule about 18 year olds buying bottles of spirit?
    Manager:"Good idea!"


  • Registered Users, Registered Users 2 Posts: 329 ✭✭Cathalog


    syklops wrote: »
    How do you know the guy you talked to wasn't the manager or even owner. Even that aside, how about this:

    Day #1 Manager => Chad(Worker) : "how are we doing today?"

    Chad:"Well I had a few teenagers in looking to buy litre bottles of vodka but I told them our rule and they didnt buy anything and left"
    Manager:"So we have curbed teen binge drinking. Great!"
    Chad:"Yeah, but there is also 90 quid less in the cash register than there could have been"
    Manager:"We'll get over it"

    Day #2 Manager => Chad(Worker) : "how are we doing today?"

    Chad:"Well I had a few teenagers in looking to buy litre bottles of vodka but I told them our rule and they didnt buy anything and left"
    Manager:"So we have curbed teen binge drinking. Great!"
    Chad:"Yeah, but there is also 90 quid less in the cash register than there could have been"
    Manager:"We'll get over it"

    Day #3 Manager => Chad(Worker) : "how are we doing today?"

    Chad:"Well I had a few teenagers in looking to buy litre bottles of vodka but I told them our rule and they didnt buy anything and left"
    Manager:"Chad, I've been talking to them upstairs, takings are down. If things dont improve we're going to have to lose some people, and by people I mean you.
    Chad:"How about we get rid of our dumb f^%king rule about 18 year olds buying bottles of spirit?
    Manager:"Good idea!"

    It's a supermarket. Granted there's a possibility that he'd be the manager/owner, but it's slim.

    I do see your point, honestly. But I don't really like giving out to someone who's just doing their job. It's hardly his fault. I should have asked for the manager to come down though - I do see that mistake.


  • Closed Accounts Posts: 18,966 ✭✭✭✭syklops


    You can impress upon someone that you won't be using their services without giving out to them, but it is nice you acknowledge it.

    The point of my posting is that its very common in both consumer affairs and the Rip off Ireland fora for people to have felt hard done by or even ripped off, but instead of voting with their feet/wallets, or complaining about it, they get annoyed and come to boards to vent their frustrations. That wont change anything, and if you doubt that 'little old me' can change anything, then you need to realise that the only thing that has changed things in the past is the first person who stood up. Or in the case of Rosa Parks, who refused to stand up.


  • Closed Accounts Posts: 548 ✭✭✭Wils110


    Code of practice from the shop to try curb binge drinking is all...if something happened to just turned 18 year old from excessive drinking the shop would be in trouble for selling a litre for €20 euro to a just turned 18 year old
    Media would have a field day


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  • Registered Users, Registered Users 2 Posts: 1,211 ✭✭✭Owen_S


    Wils110 wrote: »
    Code of practice from the shop to try curb binge drinking is all...if something happened to just turned 18 year old from excessive drinking the shop would be in trouble for selling a litre for €20 euro to a just turned 18 year old
    Media would have a field day
    Binge drinking is defined as having 5 'standard drinks'. The 350ml of Vodka sold to the OP contains 10 standard drinks, more than enough for binge drinking.


  • Closed Accounts Posts: 548 ✭✭✭Wils110


    And as the op has being stereotyped (drinking with his mates still under age) 350 ml won't go to far in the shops eyes..I'm surprised this ain't come up before cause its practice in a lot of off licences when it comes to spirits


  • Banned (with Prison Access) Posts: 514 ✭✭✭RUSTEDCORE


    syklops wrote: »
    At this point you should have said, "Well buddy boy, you have lost yourself a consumer, and further more I am opening a thread on this on boards.ie. I might even put a call in to Joe Duffy, either way you're not getting a penny off me until this rule is relaxed. Bu-bye!"

    why so the shop keeper would laugh at him and question his sexuality


  • Closed Accounts Posts: 18,966 ✭✭✭✭syklops


    RUSTEDCORE wrote: »
    why so the shop keeper would laugh at him and question his sexuality

    What?

    Mustn't be any recession in your part of the country if a shop keeper can laugh off the loss of a 20 euro purchase.


  • Banned (with Prison Access) Posts: 514 ✭✭✭RUSTEDCORE


    syklops wrote: »
    What?

    Mustn't be any recession in your part of the country if a shop keeper can laugh off the loss of a 20 euro purchase.

    well im from dublin so if your not i suppose comparatively theres not...

    really it was not what you said but how you said it....I wouldve said if you wont sell me it ill buy it somewhere else and may have said I would report him to the ombudsman.


    I wouldnt have performed some merry poppins rant with phrases like Well buddy boy


  • Registered Users, Registered Users 2 Posts: 2,559 ✭✭✭RoboRat


    There was probably some community action group onto the Supermarket about alcohol problems and they came to a compromise, Under XX age and we will try and sell them a smaller amount. If said supermarket didn't conform, they would encourage people to take their business elsewhere.

    I don't think that they were pulling a fast one, just think that they have some kind of policy in place.

    When I was 18, I remember trying to buy alcohol in a supermarket and I was refused flat out, only over 23 and I remember arguing that I was legally entitled to buy alcohol to which I was told that they were also legally entitled to the right of refusal, or to put it another way, they can put restrictions in place.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    RoboRat wrote: »
    There was probably some community action group onto the Supermarket about alcohol problems and they came to a compromise, Under XX age and we will try and sell them a smaller amount. If said supermarket didn't conform, they would encourage people to take their business elsewhere.

    I don't think that they were pulling a fast one, just think that they have some kind of policy in place.

    When I was 18, I remember trying to buy alcohol in a supermarket and I was refused flat out, only over 23 and I remember arguing that I was legally entitled to buy alcohol to which I was told that they were also legally entitled to the right of refusal, or to put it another way, they can put restrictions in place.

    Refusal, restrictions and refusal for a stated reason are three different propositions.


  • Registered Users, Registered Users 2 Posts: 2,559 ✭✭✭RoboRat


    Refusal, restrictions and refusal for a stated reason are three different propositions.

    I would have thought that refusal for a stated reason was the same as restriction, if the restriction was that they would not sell alcohol to someone under 23.

    Anyhow, that was a long time ago and I am not sure if supermarkets still operate the over 23 policy.


  • Registered Users, Registered Users 2 Posts: 329 ✭✭Cathalog


    syklops wrote: »
    You can impress upon someone that you won't be using their services without giving out to them, but it is nice you acknowledge it.

    The point of my posting is that its very common in both consumer affairs and the Rip off Ireland fora for people to have felt hard done by or even ripped off, but instead of voting with their feet/wallets, or complaining about it, they get annoyed and come to boards to vent their frustrations. That wont change anything, and if you doubt that 'little old me' can change anything, then you need to realise that the only thing that has changed things in the past is the first person who stood up. Or in the case of Rosa Parks, who refused to stand up.

    I didn't come to boards venting my frustration. I came to boards seeking advice on whether I had a case.
    I didn't want to give out if I had no right to.
    Wils110 wrote: »
    Code of practice from the shop to try curb binge drinking is all...if something happened to just turned 18 year old from excessive drinking the shop would be in trouble for selling a litre for €20 euro to a just turned 18 year old
    Media would have a field day

    Why should I have to suffer if there are others my age who can't be responsible with a large quantity of alcohol. I, for one, purchase this amount in order to save money. I'd have no problem if they charged me 20*0.35=€7 for a 35cl bottle. That way, I wouldn't be put in a disadvantaged state(price per litre remains the same). However, I was put at a disadvantage (which The Equality Act states is a form of discrimination over the "age ground" provided I'm not under 18) as I had to pay more per liter.
    RoboRat wrote: »
    There was probably some community action group onto the Supermarket about alcohol problems and they came to a compromise, Under XX age and we will try and sell them a smaller amount. If said supermarket didn't conform, they would encourage people to take their business elsewhere.

    I don't think that they were pulling a fast one, just think that they have some kind of policy in place.

    When I was 18, I remember trying to buy alcohol in a supermarket and I was refused flat out, only over 23 and I remember arguing that I was legally entitled to buy alcohol to which I was told that they were also legally entitled to the right of refusal, or to put it another way, they can put restrictions in place.

    Then how come I could buy a bottle a few days previously when the special offer wasn't in place, and the price/litre was higher?

    Perhaps the Equality Act wasn't in force when you were 18?


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  • Registered Users, Registered Users 2 Posts: 2,559 ✭✭✭RoboRat


    Then how come I could buy a bottle a few days previously when the special offer wasn't in place, and the price/litre was higher?

    Maybe they think you have a bit of a problem buying all that drink so close together :-P


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


    Wils110 wrote: »
    Code of practice from the shop to try curb binge drinking is all...if something happened to just turned 18 year old from excessive drinking the shop would be in trouble for selling a litre for €20 euro to a just turned 18 year old
    Media would have a field day

    How would they be in trouble? Has the law changed about what age you need to be to purchase alcohol?

    As it stands they might be in trouble for age discrimination.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    RoboRat wrote: »
    I would have thought that refusal for a stated reason was the same as restriction, if the restriction was that they would not sell alcohol to someone under 23.

    Anyhow, that was a long time ago and I am not sure if supermarkets still operate the over 23 policy.

    Restriction as in we'll sell you beer but not vodka is what I mean. Those over 23 policies normally meant that anyone under 23 would be ID'd rather than meaning they wouldn't sell to under 23s. You may be right however, I vaguely remember an over 21 door policy not being discriminatory.


  • Closed Accounts Posts: 18,966 ✭✭✭✭syklops


    I didn't come to boards venting my frustration. I came to boards seeking advice on whether I had a case.

    Whether you had a case? A case of what?

    "Obviously, your Honour as stated in the constitution I have a right to buy vodka at cheap rates, by refusing me that right Mr Off License should pay me 50k in unused notes and spend 2 years in the slammer.

    Not enough :rolleyes: in the world.


  • Registered Users, Registered Users 2 Posts: 329 ✭✭Cathalog


    syklops wrote: »

    Whether you had a case? A case of what?

    Age discrimination.


  • Registered Users, Registered Users 2 Posts: 19,154 ✭✭✭✭Del2005


    RoboRat wrote: »
    There was probably some community action group onto the Supermarket about alcohol problems and they came to a compromise, Under XX age and we will try and sell them a smaller amount. If said supermarket didn't conform, they would encourage people to take their business elsewhere.

    You got to love these "community" action gropes. Instead of controlling their little darlings they bully others into controlling them instead. But it still doesn't remove the fact that the shop has now implemented an age discrimination policy and could be fined.
    RoboRat wrote: »
    When I was 18, I remember trying to buy alcohol in a supermarket and I was refused flat out, only over 23 and I remember arguing that I was legally entitled to buy alcohol to which I was told that they were also legally entitled to the right of refusal, or to put it another way, they can put restrictions in place.

    There's no law saying the shop has to sell the OP, or anyone for that matter, alcohol. There is a law which says you can't be discriminated againt due to age. The OP was told they are too young to buy a 1l of Vodka but are old enough to buy 0.35l. That's not legal
    syklops wrote: »
    Whether you had a case? A case of what?

    "Obviously, your Honour as stated in the constitution I have a right to buy vodka at cheap rates, by refusing me that right Mr Off License should pay me 50k in unused notes and spend 2 years in the slammer.

    Not enough :rolleyes: in the world.

    See my above post. The OP was refused a large bottle purely based on their age nothing else. How is that not discrimination.


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  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    I would have insisted on seeing the manager. If they refuse to sell alcohol to you, that's their choice, but they did not refuse to sell you alcohol, they just refused to sell you the better value, big bottle, based on your age, which is discrimination.

    Unfortunately, you sometimes have to make a fuss, or a scene to get what you're entitled to...in your case, a bigger bottle of better quality vodka.

    Little rant below.

    I went to the local cinema back in October to see a film everyone I knew had already seen, so I said "feck it, i'll go myself" and so I did. I arrived and bought my ticket and took my seat. There were less than 20 people there, as it was a late show. After the ads were done, the screen went blank. After 10 minutes, I went out to the ticket area to tell a member of staff that the screen was blank and returned to my seat. After another 15 minutes, 2 staff memebers came into the room and said there is a problem and the film won't start and everyone had to go to the ticket area for a refund. I asked why they couldn't just play the movie on another screen and was told the other screens were in use. I mentioned that I was aware that only 4 of the screens had movies playing after 9pm and at that time (10:45pm) there were at least 6 other screens available and I didn't appreciate being bull****ted. The liars just didn't want the hassle and wanted to close early. My mini rant got everyone a free pass on top of the refund.

    I went back to the cinema this week to use my pass for a showing of Jack Reacher. TBH, I was in a pissy mood and just had to get out of the gaff. There was 1 person with his kid getting served in front of me. The show was due to start and I was waiting over 10 minutes as the lad snailed around, picking the order for the customer in front. A large Queue formed behind me of maybe 30-40 people by the time I got to the register to cash in my ticket (they don't have a separate ticket area in this cinema). I told him I wanted to see the Jack Reacher film, which started 5 minutes ago and hande him my pass. He told me their internet was down, so he couldn't take the pass. He continued to to say their POS machine also wasn't working as a result (not that I would have paid for a ticket anyway). With the Queue behind me, I didn't want to embarrass the lad, so I leaned over and said "I got this pass in October. I don't have cash, but t doesn't matter because I have this Guest Pass. I don't care if your equipment is working and I don't care if you have to swipe the pass through the managers arse crack, but i'm using the pass tonight...so your problem is not mine. Sort it." After his face changed a few shades, he took less than 30 seconds to get me a ticket printed. I felt a bit bad for a brief moment, but then I reminded myself that I had the pass because of their lazy incompetence months before. Great film by the way :pac:


  • Banned (with Prison Access) Posts: 1,435 ✭✭✭areyawell


    goz83 wrote: »
    I would have insisted on seeing the manager. If they refuse to sell alcohol to you, that's their choice, but they did not refuse to sell you alcohol, they just refused to sell you the better value, big bottle, based on your age, which is discrimination.

    Unfortunately, you sometimes have to make a fuss, or a scene to get what you're entitled to...in your case, a bigger bottle of better quality vodka.

    Little rant below.

    I went to the local cinema back in October to see a film everyone I knew had already seen, so I said "feck it, i'll go myself" and so I did. I arrived and bought my ticket and took my seat. There were less than 20 people there, as it was a late show. After the ads were done, the screen went blank. After 10 minutes, I went out to the ticket area to tell a member of staff that the screen was blank and returned to my seat. After another 15 minutes, 2 staff memebers came into the room and said there is a problem and the film won't start and everyone had to go to the ticket area for a refund. I asked why they couldn't just play the movie on another screen and was told the other screens were in use. I mentioned that I was aware that only 4 of the screens had movies playing after 9pm and at that time (10:45pm) there were at least 6 other screens available and I didn't appreciate being bull****ted. The liars just didn't want the hassle and wanted to close early. My mini rant got everyone a free pass on top of the refund.

    I went back to the cinema this week to use my pass for a showing of Jack Reacher. TBH, I was in a pissy mood and just had to get out of the gaff. There was 1 person with his kid getting served in front of me. The show was due to start and I was waiting over 10 minutes as the lad snailed around, picking the order for the customer in front. A large Queue formed behind me of maybe 30-40 people by the time I got to the register to cash in my ticket (they don't have a separate ticket area in this cinema). I told him I wanted to see the Jack Reacher film, which started 5 minutes ago and hande him my pass. He told me their internet was down, so he couldn't take the pass. He continued to to say their POS machine also wasn't working as a result (not that I would have paid for a ticket anyway). With the Queue behind me, I didn't want to embarrass the lad, so I leaned over and said "I got this pass in October. I don't have cash, but t doesn't matter because I have this Guest Pass. I don't care if your equipment is working and I don't care if you have to swipe the pass through the managers arse crack, but i'm using the pass tonight...so your problem is not mine. Sort it." After his face changed a few shades, he took less than 30 seconds to get me a ticket printed. I felt a bit bad for a brief moment, but then I reminded myself that I had the pass because of their lazy incompetence months before. Great film by the way :pac:

    okay


  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    areyawell wrote: »
    okay

    i did warn ya :D


  • Registered Users, Registered Users 2 Posts: 329 ✭✭Cathalog


    goz83 wrote: »
    I would have insisted on seeing the manager. If they refuse to sell alcohol to you, that's their choice, but they did not refuse to sell you alcohol, they just refused to sell you the better value, big bottle, based on your age, which is discrimination.

    Unfortunately, you sometimes have to make a fuss, or a scene to get what you're entitled to...in your case, a bigger bottle of better quality vodka.

    Little rant below.

    I went to the local cinema back in October to see a film everyone I knew had already seen, so I said "feck it, i'll go myself" and so I did. I arrived and bought my ticket and took my seat. There were less than 20 people there, as it was a late show. After the ads were done, the screen went blank. After 10 minutes, I went out to the ticket area to tell a member of staff that the screen was blank and returned to my seat. After another 15 minutes, 2 staff memebers came into the room and said there is a problem and the film won't start and everyone had to go to the ticket area for a refund. I asked why they couldn't just play the movie on another screen and was told the other screens were in use. I mentioned that I was aware that only 4 of the screens had movies playing after 9pm and at that time (10:45pm) there were at least 6 other screens available and I didn't appreciate being bull****ted. The liars just didn't want the hassle and wanted to close early. My mini rant got everyone a free pass on top of the refund.

    I went back to the cinema this week to use my pass for a showing of Jack Reacher. TBH, I was in a pissy mood and just had to get out of the gaff. There was 1 person with his kid getting served in front of me. The show was due to start and I was waiting over 10 minutes as the lad snailed around, picking the order for the customer in front. A large Queue formed behind me of maybe 30-40 people by the time I got to the register to cash in my ticket (they don't have a separate ticket area in this cinema). I told him I wanted to see the Jack Reacher film, which started 5 minutes ago and hande him my pass. He told me their internet was down, so he couldn't take the pass. He continued to to say their POS machine also wasn't working as a result (not that I would have paid for a ticket anyway). With the Queue behind me, I didn't want to embarrass the lad, so I leaned over and said "I got this pass in October. I don't have cash, but t doesn't matter because I have this Guest Pass. I don't care if your equipment is working and I don't care if you have to swipe the pass through the managers arse crack, but i'm using the pass tonight...so your problem is not mine. Sort it." After his face changed a few shades, he took less than 30 seconds to get me a ticket printed. I felt a bit bad for a brief moment, but then I reminded myself that I had the pass because of their lazy incompetence months before. Great film by the way :pac:

    Thanks for that advice (in bold). I'll keep it in mind in future.

    The story is great. :D Just proves your point brilliantly.


  • Banned (with Prison Access) Posts: 1,243 ✭✭✭lala88


    foggy_lad wrote: »
    Short answer is there is no law stating you are not allowed buy bottles.

    The off licence decided to make even more from you by forcing you to buy a more expensive(per litre) product and took advantage of most young people's ignorance of their rights.

    How did they force them to buy it? Hold them a gun point?


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  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    lala88 wrote: »
    How did they force them to buy it? Hold them a gun point?

    I would say by limiting the customers choice. Indeed he was not forced, but considering he wanted to buy a certain product, he was left with a buy nothing or spend more (per ml) option.

    Imagine going into McDonalds and ordering a large coke, only to be told you can't buy a large one, because you don't have a moustache. You are only allowed a small diet coke if you have no moustache. Sounds ridiculous, doesn't it? So is refusing to sell a larger bottle of vodka to someone legally allowed to purchase alcohol. Either don't serve, or do serve, but telling someone they can't buy a bigger bottle is just ridiculous.


  • Registered Users, Registered Users 2 Posts: 10,967 ✭✭✭✭28064212


    goz83 wrote: »
    Imagine going into McDonalds and ordering a large coke, only to be told you can't buy a large one, because you don't have a moustache. You are only allowed a small diet coke if you have no moustache. Sounds ridiculous, doesn't it? So is refusing to sell a larger bottle of vodka to someone legally allowed to purchase alcohol. Either don't serve, or do serve, but telling someone they can't buy a bigger bottle is just ridiculous.
    Small point, but that McDonalds scenario wouldn't be illegal. McDonalds are perfectly entitled to discriminate on arbitrary grounds. In fact, most service places have some form of discrimination in place, e.g. "No shirt, No shoes, No service". They're only not allowed discriminate on 9 specific grounds, as laid out in the Equal Status act.

    The only way the McDonalds scenario would be illegal is if someone took a case based on indirect discrimination, namely a claim that it is discriminatory against men (gender being one of the 9 grounds)

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  • Registered Users, Registered Users 2 Posts: 241 ✭✭Chain_reaction


    goz83 wrote: »
    I would have insisted on seeing the manager. If they refuse to sell alcohol to you, that's their choice, but they did not refuse to sell you alcohol, they just refused to sell you the better value, big bottle, based on your age, which is discrimination.

    Unfortunately, you sometimes have to make a fuss, or a scene to get what you're entitled to...in your case, a bigger bottle of better quality vodka.

    Little rant below.

    I went to the local cinema back in October to see a film everyone I knew had already seen, so I said "feck it, i'll go myself" and so I did. I arrived and bought my ticket and took my seat. There were less than 20 people there, as it was a late show. After the ads were done, the screen went blank. After 10 minutes, I went out to the ticket area to tell a member of staff that the screen was blank and returned to my seat. After another 15 minutes, 2 staff memebers came into the room and said there is a problem and the film won't start and everyone had to go to the ticket area for a refund. I asked why they couldn't just play the movie on another screen and was told the other screens were in use. I mentioned that I was aware that only 4 of the screens had movies playing after 9pm and at that time (10:45pm) there were at least 6 other screens available and I didn't appreciate being bull****ted. The liars just didn't want the hassle and wanted to close early. My mini rant got everyone a free pass on top of the refund.

    I went back to the cinema this week to use my pass for a showing of Jack Reacher. TBH, I was in a pissy mood and just had to get out of the gaff. There was 1 person with his kid getting served in front of me. The show was due to start and I was waiting over 10 minutes as the lad snailed around, picking the order for the customer in front. A large Queue formed behind me of maybe 30-40 people by the time I got to the register to cash in my ticket (they don't have a separate ticket area in this cinema). I told him I wanted to see the Jack Reacher film, which started 5 minutes ago and hande him my pass. He told me their internet was down, so he couldn't take the pass. He continued to to say their POS machine also wasn't working as a result (not that I would have paid for a ticket anyway). With the Queue behind me, I didn't want to embarrass the lad, so I leaned over and said "I got this pass in October. I don't have cash, but t doesn't matter because I have this Guest Pass. I don't care if your equipment is working and I don't care if you have to swipe the pass through the managers arse crack, but i'm using the pass tonight...so your problem is not mine. Sort it." After his face changed a few shades, he took less than 30 seconds to get me a ticket printed. I felt a bit bad for a brief moment, but then I reminded myself that I had the pass because of their lazy incompetence months before. Great film by the way :pac:

    If you'd have spoken to me like that in my place of work I would have asked you to leave and in many more situations behaving like that will not get you your own way. But then again where I work usually doesn't mess up or if they do its rectified asap.


  • Registered Users, Registered Users 2 Posts: 5,652 ✭✭✭fasttalkerchat


    P_1 wrote: »
    It's the shop applying their own additional control to the purchase of alcohol.

    Maybe the area around it has a problem with 18 year olds off their heads on vodka?

    I'm afraid that can't be done. They have the right to refuse a sale but not to sell a smaller bottle in its place.

    You know to go somewhere else in future.


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


    I'm afraid that can't be done. They have the right to refuse a sale but not to sell a smaller bottle in its place.

    You know to go somewhere else in future.

    Is there any regulation which says it can't be done (genuine question) because without it I fail to see any why a retailer has not the right to refuse to sell the smaller bottle having declined to sell the larger bottle.


  • Registered Users, Registered Users 2 Posts: 5,652 ✭✭✭fasttalkerchat


    slimjimmc wrote: »
    Is there any regulation which says it can't be done (genuine question) because without it I fail to see any why a retailer has not the right to refuse to sell the smaller bottle having declined to sell the larger bottle.

    You have the right to refuse the sale of alcohol without explanation or on the basis of age, however since a smaller bottle was sold they cannot claim this. They admitted to discrimination on the basis of age yet still sold an alcoholic product so they cannot claim that they believed the customer to be under 18.


  • Registered Users, Registered Users 2 Posts: 10,967 ✭✭✭✭28064212


    slimjimmc wrote: »
    Is there any regulation which says it can't be done (genuine question) because without it I fail to see any why a retailer has not the right to refuse to sell the smaller bottle having declined to sell the larger bottle.
    Equal Status Act, Section 3. "For the purposes of this Act, discrimination shall be taken to occur where on any of the grounds specified in subsection (2) [which includes age] a person is treated less favourably than another person is, has been or would be treated"

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  • Registered Users, Registered Users 2 Posts: 329 ✭✭Cathalog


    Just thought I'd update you to say that I was refunded €20 (in voucher form). It just shows you that its worth fighting your case in these situations.

    The policy will still be in force unfortunately, so I won't be buying any alcohol there anymore, but I can still get plenty of other items for that voucher.


  • Closed Accounts Posts: 854 ✭✭✭dubscottie


    An Off Licence is within its rights (and the law) to refuse to sell you a large bottle but still offer you a smaller one if they believe that it is for consumption by persons under the age of 18.

    The shop must have thought it unlikely that you were going to drink the whole 1L yourself and as you had only turned 18 (you prob have friends that are not 18 yet), there was the risk that you may have supplied it to minors, so instead they sold you a smaller bottle for your own consumption.

    Likewise if you had asked for 5 naggins instead you would still have been refused.



    All this is covered in the Intoxicating Liquor Act.


  • Registered Users, Registered Users 2 Posts: 3,097 ✭✭✭stevek93


    dubscottie wrote: »
    An Off Licence is within its rights (and the law) to refuse to sell you a large bottle but still offer you a smaller one if they believe that it is for consumption by persons under the age of 18.

    The shop must have thought it unlikely that you were going to drink the whole 1L yourself and as you had only turned 18 (you prob have friends that are not 18 yet), there was the risk that you may have supplied it to minors, so instead they sold you a smaller bottle for your own consumption.

    Likewise if you had asked for 5 naggins instead you would still have been refused.



    All this is covered in the Intoxicating Liquor Act.

    Yes but does not consumer not need to be accompanied by a person under the age of 18? I still agree with the seller I would refuse to sell the OP a litre of vodka in his case why would he need a litre of vodka? Maybe a 70cl would be fine instead.


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