Paying in a restaurant - is it optional?

8.—(1) Subject to subsection (2), a person who, knowing that payment on the spot for any goods obtained or any service done is required or expected, dishonestly makes off without having paid as required or expected and with the intention of avoiding payment on the spot is guilty of an offence.


(2) Subsection (1) shall not apply where the supply of the goods or the doing of the service is contrary to law or where the service done is such that payment is not legally enforceable.


(3) Subject to subsections (5) and (6), any person may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be in the act of committing an offence under this section.


(4) Where a member of the Garda Síochána, with reasonable cause, suspects that an offence under this section has been committed, he or she may arrest without warrant any person whom the member, with reasonable cause, suspects to be guilty of the offence.


(5) An arrest other than by a member of the Garda Síochána may be effected by a person under subsection (3) only where the person, with reasonable cause, suspects that the person to be arrested by him or her would otherwise attempt to avoid, or is avoiding, arrest by a member of the Garda Síochána.


(6) A person who is arrested pursuant to this section by a person other than a member of the Garda Síochána shall be transferred by that person into the custody of the Garda Síochána as soon as practicable.


(7) A person guilty of an offence under this section is liable on conviction on indictment to a fine not exceeding £3,000 or imprisonment for a term not exceeding 2 years or both.

Note the power of arrest is anyone, including the owner/manager.

It seems it is not optional to pay.

I'm assuming that while you can "arrest" someone, you'd probably get into hot water for forcefully detaining someone if they tried to leave...

Markcheese wrote: »

I'm assuming that while you can "arrest" someone, you'd probably get into hot water for forcefully detaining someone if they tried to leave...

You can use reasonable force to keep them there. Criminal damage is another one that isn't a typical 'arrestable offence' (which anyone has the power of arrest) where power of arrest is granted assuming you've a reasonable ground to think they will avoid the guards.

Note the dishonesty requirement though - should have said that in my first post, if someone is leaving their name and address they're probably not being dishonest, but that, and indeed the false imprisonment claim would be for the lawyers to make a few quid on.

So short answer, yes probably.

He sounds like an a**hat.

he would appear to be a loon

although £5 for 3 chicken wings is outrageous

Prior to 2001 it wasn't a criminal offense in this country. There was only maybe the Debtors Ireland Act at a stretch. Some lads were known to specialise in this and would enjoy top class food and not pay a penny.

The Theft Act, 2001 changed this and now it is a criminal offense.
An astute diner could still make a preemptive exit if they were that way inclined.

Guy:Incognito wrote: »

Presumably he got a menu beforehand and was able to count to 3 before he ate them......

ah yeah no argument here, as i said the guy is a loo laa but 3 wings for a Lady Godiva is shocking all the same