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Who to contact about dodgy vodka?

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  • 24-09-2008 12:49pm
    #1
    Closed Accounts Posts: 1,546 ✭✭✭


    I was served a vodka over the weekend in a Dublin pub. It was poured from a smirnoff bottle but it definitely was not Smirnoff. Is there a government agency to complain to?


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Comments

  • Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    The Vintners Association. But how can you prove it?


  • Registered Users Posts: 7,588 ✭✭✭Bluetonic


    There is nothing illegal about serving vodka of one type from another type bottle. However if you feel the vodka has not had duty paid on it contact Revenue.


  • Closed Accounts Posts: 216 ✭✭Carturo


    Did you complain at the time?


  • Registered Users Posts: 2,454 ✭✭✭cast_iron


    Bluetonic wrote: »
    There is nothing illegal about serving vodka of one type from another type bottle.
    Of course there is. You can't sell a cheap vodka (or anything, for that matter) in the bottle of a branded one and demand the price of the branded one. A range of offences would be committed here.
    However if you feel the vodka has not had duty paid on it contact Revenue.
    That's not what the OP is asking, and I don't see how he/she would know such a thing in any case. The Gardai would be the first port of call for the OP.


  • Registered Users Posts: 4,487 ✭✭✭Mountjoy Mugger


    Bluetonic wrote: »
    There is nothing illegal about serving vodka of one type from another type bottle. However if you feel the vodka has not had duty paid on it contact Revenue.

    I know of a few people who are fussy about their vodka, and often ask for Smirnoff. It's not the first time I've heard of sharp practice like this.

    Nothing illegal?? What about the Sale of Goods Act ?

    Goods must be ‘as described’


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  • Closed Accounts Posts: 3,212 ✭✭✭Jaysoose


    I worked in various bars around meath and kildare in my day and this reminds me of a situation i had one sunday afternoon....a middle aged lady came and ordered a "smirnoff and tonic" she explicity asked for smirnoff (fair enough) i went to the optic and it was empty so i got another bottle (sealed) and changed it, i then poured her drink and handed it to her expecting payment. This wagon then turned round and said "thats not smirnoff you gave me boru" i told her it wasnt as i had to change the smirnoff to give her the drink and why would i bother trying to give her boru when i bothered changing the bottle.

    She actually stood there and tasted the vodka (SMIRNOFF) and states "I have been drinking smirnoff all my life and this is not smirnoff" and then proceeds to complain to all and sundry at the bar about this "jumped up little fecker giving her the cheap vodka" to which one of the regulars that was sitting at the bar told her "i watched him change the bottle you wagon and he gave you smirnoff so shut up" ... i nearly pissed myself when she wandered away to her table muttering.

    im NOT saying the OP is wrong but it just reminded me of this little situation i had.


  • Registered Users Posts: 2,804 ✭✭✭Xcellor


    If this wasn't illegal I'd imagine some unscrupulous establishments might offer watered down liquors.

    Of course if the OP just asked for Vodka and did not specify what type of vodka then it might be a grey area.... There might be a fixed charge for vodka regardless of brand but if the customer doesn't specify they get the cheapo stuff and pub is laughing all the way to the bank.

    I always ask for vodka without specifying brand. I will now be more careful.

    x


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    cast_iron wrote: »
    Of course there is. You can't sell a cheap vodka (or anything, for that matter) in the bottle of a branded one and demand the price of the branded one. A range of offences would be committed here.

    You could complain to Diageo, Smirnoff's Irish distributor, as the pub are selling an alternate brand vodka in their bottles, and therefore possibly damaging Smirnoff's reputation. The only offense I can see being committed is misrepresentation of a product, and I'm not sure that this is actually an offense. The pub are free to charge whatever price they like for any drink they want, there's no law saying you can't charge Smirnoff prices for Roscoff vodka.
    cast_iron wrote: »
    That's not what the OP is asking, and I don't see how he/she would know such a thing in any case. The Gardai would be the first port of call for the OP.

    The Gardai? Don't be ridiculous. This is not a criminal matter.

    Contact the Vintners Association, and possibly the Consumer Association, over the misrepresentation of the product.


  • Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    cast_iron wrote: »
    Of course there is. You can't sell a cheap vodka (or anything, for that matter) in the bottle of a branded one and demand the price of the branded one. A range of offences would be committed here.

    .


    The price is irrelevant. They can give Smirnhoff away free and charge you €100 a shot for no mane vodka if they want.

    The only issue is if you asked specifically for smirnhoff or they told you you were getting smirnhoff and it was a different brand.


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    If you suspect it to be counterfeit or smuugled it is a matter for Customs & Excise. Simple. Give them a call.


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  • Registered Users Posts: 1,425 ✭✭✭indiewindy


    Yes the above poster is correct, C & E are the ones to contact. Dodgy vodka is so wrong, when you consider the profit they already make on it


  • Registered Users Posts: 7,588 ✭✭✭Bluetonic


    cast_iron wrote: »
    Of course there is. You can't sell a cheap vodka (or anything, for that matter) in the bottle of a branded one and demand the price of the branded one.
    I missed the bit where the OP says (a) it was a cheap vodka (b) the price demanded.
    Nothing illegal?? What about the Sale of Goods Act ?
    What if the OP asked for a 'vodka'. They didn't say they specifically asked for smirnoff.

    There could be a number of reasons why a non brand might be in a branded bottle. Some innocent.


  • Registered Users Posts: 3,322 ✭✭✭Hitchhiker's Guide to...


    Bluetonic wrote: »
    There could be a number of reasons why a non brand might be in a branded bottle. Some innocent.

    come on, we are all fairly certain what the pub was doing. only a defence attorney would come up with the "it could be innocent" argument.


  • Closed Accounts Posts: 39 ainenic


    You should contact the National Consumer Agency 1890432432. They enforce the law on consumer matters and will investigate this.


  • Registered Users Posts: 2,534 ✭✭✭FruitLover


    Enii wrote: »
    It was poured from a smirnoff bottle but it definitely was not Smirnoff

    Do you mean to say that it didn't taste like lighter fluid? :eek:


  • Closed Accounts Posts: 1,546 ✭✭✭Enii


    Thanks for all the replies.

    To enlarge.

    I just asked for a vodka (i.e. didn't specify brand).
    HOWEVER, when it was poured from a Smirnoff bottle I presumed it was Smirnoff that I was getting.

    It was not Smirnoff, it was awful tasting undrinkable vodka. Both my sister and I left our drinks unfinished.

    All I drink is vodka ranging from Skyy to Grey Goose to Ketel One to Smirnoff to name but a few and I reckon that I can taste the difference between them.

    What I was served was definitely not Smirnoff.

    We did not complain as the time as the barman would have told us that it was Smirnoff and as someone pointed out how would you prove otherwise.

    Diageo on the other hand, I assume, would have some way of proving whether it is or is not Smirnoff in the bottle.

    Thanks anyway, will get on to the consumers assoc.


  • Registered Users Posts: 2,454 ✭✭✭cast_iron


    Bluetonic wrote: »
    I missed the bit where the OP says (a) it was a cheap vodka (b) the price demanded.
    It was merely an example, illustrating the misselling of a product.

    Under the Sale of Goods and Supply of Services Act, 1980, the description of a product may be constituted as:

    (3) A reference to goods on a label or other descriptive matter accompanying goods exposed for sale may constitute or form part of a description.

    What if the OP asked for a 'vodka'. They didn't say they specifically asked for smirnoff.
    Which is what the OP did. Just because the OP got what he/she requested does not mean an offence has not occurred - an offence, punishable by up to 6 months in prison.

    To me, it may just have been bad Smirnoff, or the publican was indeed trying a cheap stunt. It would be highly unlikely he had 2 Smirnoff bottles on the shelf - one for those who ask for "vodka" and the other for those who specify "Smirnoff".
    Bluetonic wrote: »
    There could be a number of reasons why a non brand might be in a branded bottle. Some innocent.
    :confused:List the innocent ones.


  • Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    You need to get out more.

    You presumed it was smirnoff? Maybe it was. Prove otherwise.

    Anyone to complain to if you think the vodka is dodgy?

    Why didn't you mention it to the barman but NO, you want to go behind the bars back and rat on them anonymously with no proof and not a scrap of evidence.

    I don't work in a bar, own a bar etc. it's just this level of sillyness is ridiculous.


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    SetantaL wrote: »
    you want to go behind the bars back and rat on them anonymously with no proof and not a scrap of evidence..

    Regardless of my stance on this particular issue I see no harm in alerting the authorities if you genuinely feel there is fraud or disception at play. If the bar is playing by the rules then a check by the authorities will find nothing wrong. If they are playing silly beggers then good enough for them. It's like complaining about Garda checkpoints: if you have nothing to hide then what's the problem?


  • Registered Users Posts: 6,465 ✭✭✭MOH


    SetantaL wrote: »
    You need to get out more.

    You presumed it was smirnoff? Maybe it was. Prove otherwise.

    Anyone to complain to if you think the vodka is dodgy?

    Why didn't you mention it to the barman but NO, you want to go behind the bars back and rat on them anonymously with no proof and not a scrap of evidence.

    I don't work in a bar, own a bar etc. it's just this level of sillyness is ridiculous.

    As he said, what's the point in mentioning it to the barman? They'll just deny it.

    Whereas if you tell the distributor that you suspect something is going on, they can check it out properly.


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  • Registered Users Posts: 3,322 ✭✭✭Hitchhiker's Guide to...


    SetantaL wrote: »
    You need to get out more.

    You presumed it was smirnoff? Maybe it was. Prove otherwise.

    Anyone to complain to if you think the vodka is dodgy?

    Why didn't you mention it to the barman but NO, you want to go behind the bars back and rat on them anonymously with no proof and not a scrap of evidence.

    I don't work in a bar, own a bar etc. it's just this level of sillyness is ridiculous.

    infracted.

    please be polite in future. the OP is not trying to "rat on someone anonymously". He/she was just (politely) asking if there was anything they could do about something they felt was unfair


  • Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    MOH wrote: »
    As he said, what's the point in mentioning it to the barman? They'll just deny it..


    Of course you should say it to the barman.

    How many people here have brought back a bad pint for it to be changed? I know I have a few times, why should you do any different when its vodka?


  • Registered Users Posts: 6,465 ✭✭✭MOH


    Stekelly wrote: »
    Of course you should say it to the barman.

    How many people here have brought back a bad pint for it to be changed? I know I have a few times, why should you do any different when its vodka?


    Of course you're going to bring back a bad pint, since the barman doesn't know there's something wrong with the beer .

    If he thought it was a 'bad' bottle of Smirnoff, then yes, talk to the barman.

    But the OP stated that it was a different vodka coming from a Smirnoff bottle, which would mean the bar already know about it, so you're not going to have much joy complaining to them.


  • Registered Users Posts: 513 ✭✭✭JohnDigital


    I had the very same thing happen in Bray about 3 weeks ago. I asked for Smirnoff and what I was served from an optic with a Smirnoff bottle on it was most definitely not Smirnoff. Similar to the OP, I’m very particular about my Vodka, and this was cheap rubbish. I challenged the barman on it and he said “of course it’s Smirnoff”, but it wasn’t. I protested and he changed it for a shot from a different bottle from another part of the bar, which was right. I was really surprised to find this going on in that establishment. I would find it far more likely that the bottle may have been interfered with by staff, than the owners. I wasn’t in the mood to take it any further on that occasion, but if it happens again I certainly will.


  • Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    MOH wrote: »
    Of course you're going to bring back a bad pint, since the barman doesn't know there's something wrong with the beer .

    If he thought it was a 'bad' bottle of Smirnoff, then yes, talk to the barman.

    But the OP stated that it was a different vodka coming from a Smirnoff bottle, which would mean the bar already know about it, so you're not going to have much joy complaining to them.

    Yes you do, you ask for a new Vodka from a different bottle.

    If it was my money I wouldn't be just chucking it.


  • Registered Users Posts: 9,233 ✭✭✭sdanseo


    OP - Either the bar has been topping up smirnoff bottles with cheap stuff, or the cheap vodka is being bottled as smirnoff at source. Obviously that would be much more serious...

    Either way, pass it on to someone. Drink is expensive enough without being charged €7-8 or more for crap.


  • Registered Users Posts: 4,487 ✭✭✭Mountjoy Mugger


    Article in today's Irish Times

    It seems the NCA does take an interest in sharp practices behind the bar counter after all.


  • Registered Users Posts: 7,606 ✭✭✭Jumpy


    Yes because he has probably made far more than €2500 on the scam already. That was a very toothless punishment.


  • Closed Accounts Posts: 16,801 ✭✭✭✭Gary ITR


    While some bars may be doing this I would think the large majority of consumers that think they are right claiming the vodka isn't Smirnoff are actually wrong.

    A few years ago I worked in a bar and at least once a night somebody would pull the whole 'thats not smirnoff' line. There was no way that it wasn't smirnoff i this particular bar.


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  • Registered Users Posts: 742 ✭✭✭smodgley


    off the point a little but relevent i think.if i ask for a bourbon in a bar and am given a jack daniels,the server is breaking the law as JD is not a boubon,its all to do with trade decsriptions act.so.if for instance any thing other than smirnof is sold from a smirniff bottle its breaking the law,in the days of duty free alas long gone,if a pub were found to be serving duty free they were in trouble with customs and excise.apparently the density of duty free and ''normal'' was different,


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