Minimum unit pricing workaround?

Margaret Clarke

Could I establish a company based in another EU state with more liberal off-sales rules, Germany for example?

The company will be based there and payment will be taken and processed there, through an online medium and the bricks and mortar establishment will hand over the product in the Irish store.

The sale didn’t take place in Ireland so I could sell cans for 50c if I wanted.

Same for selling past 10 PM. The sale will take place in Germany or Spain and the goods simply handed over in Ireland.

Peregrinus

If the supply of the alcohol takes place in Ireland, you are within the scope of the legislation. "Selling" is defined to include every step of the process - not just the moment of sale but the initial offer, the distribution, the supply. Advertising and promoting the sale of alcohol below cost is also forbidden, so even if no step of the process happened in Ireland, simply marketing your service in Ireland would be an offence.

Suckit

Would also have to pay all of the excise duty on the alcohol, so probably wouldn't be able to sell it for that much cheaper anyway.

I misread and was hoping this thread was about how to challenge the MUP's legality.

On a side note, how far would you have to go out in a boat and sell it, before coming back in and using EU laws to not pay excise or MUP? 200 miles?

I believe it's at customs discretion to decide how much somebody can claim is for their own personal use (under the legally allowed amount) or if they plan on selling it, but assuming many don't like to do the ferry run, or want to, could they bring back close to the maximum allowed without worrying it could be seized? Could they hire somebody to do it for them?

Peregrinus

SFAIK, as a traveller you can import alcohol for your own use duty free, provided you bought it duty-paid in another EU country. Otherwise the standard duty-free allowances apply - a litre of spirits, 4 litres of wine, etc. If you sailed out into the middle of the ocean and bought grog there, that's not duty-paid in another EU state, so the low duty-free limit applies.

If you did buy duty-paid in another EU country, there are no fixed limits on what you can bring home with you for your personal use. There's a rule of practice whereby Revenue will accept that up to 10 litres of spirits, 90 litres of wine, etc will be automatically accepted - Revenue have a notice setting out these limits that you can google. But if you are bringing in more that that you can still argue that it's for your own use, but you have to get Revenue to accept that. ("I'm getting in supplies for a family wedding!")

No, you can't hire somebody to go to France and buy wine for you. Travellers can import alcohol for their personal use - not for supply to someone who has paid them to make the trip. Wine your hired hand brings in for you will be dutiable and exciseable on import.

Suckit

https://www.boards.ie/discussion/2058241283/minimum-unit-pricing-workaround

A booze cruise? Charter a ferry, the tickets on and the food and alcohol had on the night, pay for the ferry. Then open the off licence on the Ferry or take orders from everyone to take with them when the ferry goes back. 😁

Everyone on it gets a good evening/night, and are brought back to the same spot they left, with a load of EU priced alcohol.. 😜👍️

Suckit

https://www.boards.ie/discussion/comment/118914198#Comment_118914198

Yeah, I didn't think so. - I didn't realise that the rule of practice had to be accepted. I didn't know it was a rule of practice. I thought that was the maximum allowed, and that they could deny it if they wished. That's handy to know.

"If you sailed out into the middle of the ocean and bought grog there, that's not duty-paid in another EU state, so the low duty-free limit applies."

But if it was originally purchased in e.g. Spain, then it would be duty paid? Would it?

Margaret Clarke

https://www.boards.ie/discussion/comment/118914180#Comment_118914180

Sounds a bit like Kristellnacht stifling other businesses.

Peregrinus

What?

Margaret Clarke

https://www.boards.ie/discussion/comment/118919364#Comment_118919364

What part of that confuses you?

The junior cert history reference or the series of “big words” with more than 3 syllables?

dodzy

Poster asks question.

Poster’s question answered in detail by someone far more knowledgeable.

Poster throws toys out of pram because their cunning plan to circumvent the pox that is MUP was foiled before the off.

Typical Boards.ie reaction

Peregrinus

The fact that you seem to think (a) there is any meaningful comparison between Kristallnacht and Irish licensing laws, and (b) the fact that you seem to think Kristallnacht was about anticompetitive business practices. Both of these things confuse me greatly, and the only possible explanation I can come up with is that you have no idea what Kristallnacht was.

_H80_GHT

https://www.boards.ie/discussion/comment/118919473#Comment_118919473

I've had a look at Maggies account. New reg, weird posts. Quick to argue. A nurse apparently. Christ, let's hope not.

CrookedJack

https://www.boards.ie/discussion/comment/118919462#Comment_118919462

What a rude and over the top escalation. And ironic considering the person you're replying to is one of the more knowledgeable and clear speaking posters on Boards.

Hoboo

https://www.boards.ie/discussion/comment/118917560#Comment_118917560

Can you explain your simile, I don't get it.

CrookedJack

https://www.boards.ie/discussion/comment/118920366#Comment_118920366

I tend to agree - I suspect this poster is just a re-reg of @Brid Hegarty who commonly posts these insincere naive threads.

Notmything

Don't feed the troll

Margaret Clarke

https://www.boards.ie/discussion/comment/118920915#Comment_118920915

You thought wrong.

Margaret Clarke

https://www.boards.ie/discussion/comment/118920915#Comment_118920915

Your thought wrong.

Margaret Clarke

https://www.boards.ie/discussion/comment/118920366#Comment_118920366

I dunno how you did that.

My profile is private.

If stalking strangers online makes your day then do whatever satisfies your perverse tastes.

GM228

https://www.boards.ie/discussion/comment/118921014#Comment_118921014

Your profile is public, we can see all 68 comments you made and 4 threads you opened!

GM228

It's a pity since the changeover to Vanilla that moderation seems to have gone to the dogs in the LD forum (and indeed many others), probably partly due to the fact MODs due so on a voluntary basis and the frustrations of the new site (I have read that MOD tools are difficult and frustrating on Vanilla).

Not a dig at the MODs themselves, just the state the forum has become, LD was always a decent place to visit for informed discussions, seems to have leveled down to the AH standards these days. @Boards.ie: Niamh any chance of a review of mods in this forum (and others), many of the MODs no longer frequent here, even long before the changeover.

Marcusm

https://www.boards.ie/discussion/comment/118921176#Comment_118921176

I nominate GM228!

ohnonotgmail

https://www.boards.ie/discussion/comment/118922877#Comment_118922877

that'll learn him.

GM228

https://www.boards.ie/discussion/comment/118922877#Comment_118922877

Noooooooooo.