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Not getting served because with an underager

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  • 28-04-2011 6:45pm
    #1
    Registered Users Posts: 12


    Today I went to Lidl. It's my 18th birthday and I wanted to buy some alcohol.
    I went up to the counter with my 15 year old sister and the man refused to sell me the alcohol because my sister was underage.
    I mean come on, I'm 18 why cant I buy it. He told me if my parents were there it would be fine but I'm 18, I'm an adult, They're not responsible for me. :eek:

    Is this an actual Law? Would it be the same story if I walked up with my 10 year old brother? :mad:
    Tagged:


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Comments

  • Closed Accounts Posts: 14,670 ✭✭✭✭Wolfe Tone


    Happy birthday!


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Fair play to them. Unfortunate for op though. Thankfully, alcohol isn't in short supply in this country though.


  • Banned (with Prison Access) Posts: 370 ✭✭bath handle


    Make a complaint to the equality authority. It is discrimination on the grounds of age and possibly, marital status.


  • Registered Users Posts: 1,529 ✭✭✭234


    and possibly, marital status.

    If only he had been married they would have served him...


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Make a complaint to the equality authority. It is discrimination on the grounds of age and possibly, marital status.

    How exactly? It's discrimination on the grounds of company.


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  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    234 wrote: »
    If only he had been married they would have served him...
    I think he is a she.

    So are you advocating some sort of incest ridden lesbian wedding just in order to buy Aldi's alcohol?

    Happy Birthday OP


  • Registered Users Posts: 3,525 ✭✭✭Daniel S


    Zambia wrote: »
    I think he is a she.

    So are you advocating some sort of incest ridden lesbian wedding just in order to buy Aldi's alcohol?

    Happy Birthday OP

    No, it was Lidl's alcohol she was looking for.





    :pac:


  • Closed Accounts Posts: 572 ✭✭✭Chnandler Bong


    Zambia wrote: »
    some sort of incest ridden lesbian wedding
    I lol'd :D


  • Closed Accounts Posts: 4,121 ✭✭✭amcalester


    They were right not to serve you as it was resonable to assume the alcohol was being purchased on behalf of a minor which is an offence under the intoxicating liqour act.


  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    amcalester wrote: »
    They were right not to serve you as it was resonable to assume the alcohol was being purchased on behalf of a minor which is an offence under the intoxicating liqour act.
    Nice answer.


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  • Registered Users Posts: 18,465 ✭✭✭✭kippy


    Page 10/11 here:
    http://www.rrai.ie/_fileupload/Training%20Manuals/RRAI_Training_Manual%20(2).pdf
    and seeing as this document is based on law one would assume theres something in the law saying it also.

    OH and happy birthday!


  • Registered Users Posts: 1,529 ✭✭✭234


    Zambia wrote: »
    I think he is a she.

    So are you advocating some sort of incest ridden lesbian wedding just in order to buy Aldi's alcohol?

    Happy Birthday OP

    No, but if you happened to be holding that sort of wedding you would probably need all the ALDI alcohol you could get. I agree with k_mac, the sales assistant did not say we will not sell to ou because you are 18 and not 21, they said it was because his/her sister was with them and was probably assuming that he/she was buying for the sister.


  • Registered Users Posts: 154 ✭✭Muas Tenek


    NormaJean wrote: »
    I went up to the counter with my 15 year old sister and the man refused to sell me the alcohol because my sister was underage.
    I mean come on, I'm 18 why cant I buy it. He told me if my parents were there it would be fine but I'm 18, I'm an adult, They're not responsible for me.
    Can I just give the viewpoint of the man.
    A friend of mine works in an off-licence where the policy is to check the id's of people who look under 23.
    His take on this is that the policy of the company is there to protect him and the customer - and this is why:

    If he breaks company policy he will get a reprimand - worst case scenario he will be fired - in which case he goes on the dole for a while and tries to find another job - his family suffers a little bit, but they will get through it.

    If he breaks the law he faces heavy fines, possibly jail, at least a criminal record - no dole, no prospects of a job - his family will probably not survive the trauma.

    Which would you choose.

    I apologize if this post contains shock value but it is true

    Happy birthday and many happy returns

    Muas


  • Registered Users Posts: 2,320 ✭✭✭roast


    amcalester wrote: »
    They were right not to serve you as it was resonable to assume the alcohol was being purchased on behalf of a minor which is an offence under the intoxicating liqour act.

    This. Which is totally fair enough IMO.


  • Registered Users Posts: 587 ✭✭✭stacexD


    Lidl are terrible when it comes to ID. I was in there a couple of weeks ago buying quite a bit of drink for rag week, with my dad who is 49. My dad was standing right there with me and i was paying with my laser card (which kinda says im 18 anyways?) and while putting in my pin he asked me for ID. My dad thought it was fairly ridiculous but, fair enough.
    In the same lidl I was asked for ID and gave them my passport, which was only got last year I look the exact same in the picture as I do now. The woman serving told me it wasnt my passport. I showed her my student card with a picture and name on it and offered to pay with my laser card. She said they aren't forms of ID and refused to serve me.
    Then in aldi a couple of weeks ago myself and 2 friends were buying cocktails. My friend was 1st shes 22 and looks her age, they asked for ID and said her license wasnt enough. My friend went next and asked could he buy the cocktail she was refused (which was the last one left in the shop too) they said no. Then I was last, youngest of the lot and didn't even get asked for ID.


  • Registered Users Posts: 4,300 ✭✭✭freyners


    never had any hassle with id in lidl or in any other shop besides dunnes where they dont accept driving licenses. Silly having your sister beside OP really...it looks suspicious enough


  • Registered Users Posts: 622 ✭✭✭big_show


    I was under the impression that once OP bought the Alcohol, it would be him that would held responsible if he gave it to the minor and not lidl's?


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    big_show wrote: »
    I was under the impression that once OP bought the Alcohol, it would be him that would held responsible if he gave it to the minor and not lidl's?

    Legally yes. But having a group of teenagers drinking cans out of your stores bags will damage the stores reputation.


  • Registered Users Posts: 10,512 ✭✭✭✭28064212


    k_mac wrote: »
    Legally yes. But having a group of teenagers drinking cans out of your stores bags will damage the stores reputation.
    Legally, the store is also responsible:
    31(2) - The holder of a licence of any licensed premises shall not sell or deliver or permit any person to sell or deliver intoxicating liquor to any person for consumption off his licensed premises by a person under the age of 18 years in any place other than a private residence.
    Like a huge amount of the alcohol legislation in this country, it's an utterly stupid and completely impractical approach.

    OP, the guy was right to not serve you if he suspected the alcohol was for your sister. He's at risk of receiving a £300 fine (for a first offence) and/or losing his job. It's a stupid law, but it is the law

    The reason it would have been ok if your parents were there is because under-18s are allowed drink when in a private residence with their parent's permission.

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  • Closed Accounts Posts: 292 ✭✭Resend


    k_mac wrote: »
    How exactly? It's discrimination on the grounds of company.
    would that be indirect discrimination?


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  • Registered Users Posts: 365 ✭✭shofukan


    stacexD wrote: »
    i was paying with my laser card (which kinda says im 18 anyways?)
    1: It's not a photo ID
    2: I've had a laser card since I was 16, hardly a proof of age is it?


  • Registered Users Posts: 365 ✭✭shofukan


    I would assume that discrimination based on race, cultural background, nationality in a matter like this would be serious. And would certainly warrant being chased up. If it was something as trivial as 'You're short. Therefore you're underage, I'm not serving you.' There might be just a little bit of an issue!

    Not getting served 'cause you might be buying for that 15 year old beside you isn't really an issue.


  • Registered Users Posts: 5,270 ✭✭✭source


    It's not discimination it's the law, OP went in to buy drink with their 15 year old sister. If the shop believes the alcohol is for the sister they can refuse to serve.

    A little advice on this matter would go much further than misinformation about discrimination.

    OP if you're over 18 and going to buy alcohol, then do so without someone younger in tow, and always carry ID. I'm 28 with a seriously receeding hairline (I look more than my age) and I always carry ID. And I have been asked a number of times.


  • Registered Users Posts: 1,529 ✭✭✭234


    Resend wrote: »
    would that be indirect discrimination?

    No, indirect discrimination is where a rule or policy is not ostensibly based on any discriminatory criteria but in effect is. E.g. a requirement that all potential employees must be 6'2''. While there is no obvious discrimination, in effect it would discriminate against women who are naturally shorter than men.
    In the OPs situation they refused to sell to them because they suspected that they were buying for their sister (probably). So the ostensible reason is that they have this suspicion. In effect it means that the OP cannot get the drink but there is still no discriminaiton in effect. It's not like only women/unmarried people/asian people/disabled people/etc bring siblings with them to buy drink.


  • Registered Users Posts: 8,753 ✭✭✭qz


    I worked in O'Brien's off license for a while OP and the shop was totally within their rights not to serve you on the possibility that you would be supplying the alcohol to the underager.


  • Registered Users Posts: 3,073 ✭✭✭Shelflife


    if its the case that they refused the op because they believed that they were supplying an underage person, then if thats not the actual case, has the shop assistant defamed the op of accusing them of attempting to act in an illegal manner?

    by the same token do they refuse parents who are with children?


  • Banned (with Prison Access) Posts: 2,138 ✭✭✭paky


    NormaJean wrote: »
    Today I went to Lidl. It's my 18th birthday and I wanted to buy some alcohol.
    I went up to the counter with my 15 year old sister and the man refused to sell me the alcohol because my sister was underage.
    I mean come on, I'm 18 why cant I buy it. He told me if my parents were there it would be fine but I'm 18, I'm an adult, They're not responsible for me. :eek:

    Is this an actual Law? Would it be the same story if I walked up with my 10 year old brother? :mad:

    i'd imagine that somebody working as a checkout assistant doesnt have much knowledge of the law, if they did, they wouldnt be working at a checkout :pac:


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    paky wrote: »
    i'd imagine that somebody working as a checkout assistant doesnt have much knowledge of the law, if they did, they wouldnt be working at a checkout :pac:

    I worked at a checkout to pay my way through college while doing my law degree.


  • Registered Users Posts: 1,529 ✭✭✭234


    Shelflife wrote: »
    if its the case that they refused the op because they believed that they were supplying an underage person, then if thats not the actual case, has the shop assistant defamed the op of accusing them of attempting to act in an illegal manner?

    by the same token do they refuse parents who are with children?

    You could try and crowbar the facts given into qualified privilege, honest opinion or innocent publication. Even if not the case would probably be laughed out of court for obvious reasons. If not they would probably get contemptious damages. There would be strong public policy reasons against allowing any such defamation action to succeed, otherwise if somebody was refused service at a bar without ID based on the fact that they looked 16 but were in fact 18 then this could be construed as an allegation of an attempt to committ a criminal offence and suddenly every 18 year old who didn't get served could sue.


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  • Registered Users Posts: 1,494 ✭✭✭Sala


    I got asked for ID in Lidl a couple of weeks ago. I am 25. I never get asked for ID. It must be some sort of company policy.


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