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Tesco refused to serve me alcohol, I'm 26 and showed ID

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  • 18-10-2010 12:02pm
    #1
    fletch
    Registered Users Posts: 7,405 ✭✭✭


    Long story short.

    My partner who's 21 was asked for ID while trying to purchase alcohol. He didn't have any so I(being 26 and having ID on me) said I'd buy it. The girl refused as she said it was obvious I was buying for him.

    Was she right to refuse me given that I was old enough to buy alcohol and showed suitable identification?


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    #2
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    I believe so - they can refuse a sale - as long as it's not on discriminatory grounds.


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    #3
    matrim
    Registered Users Posts: 7,518 ✭✭✭matrim


    fletch wrote: »
    Long story short.

    My partner who's 21 was asked for ID while trying to purchase alcohol. He didn't have any so I(being 26 and having ID on me) said I'd buy it. The girl refused as she said it was obvious I was buying for him.

    Was she right to refuse me given that I was old enough to buy alcohol and showed suitable identification?

    They were right. If they knowingly sell alcohol to someone who is buying it for an under age person (or suspected), it's my understanding that they are still culpable for a fine. Or at least that's what we were told when I worked in a offie

    It would be no different to refusing you because they think you are buying it for the 15 year olds outside who they saw you talking to and taking money off.


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    #4
    tagoona
    Registered Users Posts: 400 ✭✭tagoona


    Unfortunately for you, the girl was right to refuse you.
    She had a reasonable doubt about the age of the initial purchaser.
    Allowing you to buy it is akin to allowing the sale to someone she suspects was underage.

    Put it this way, would you want her selling to an 18year old who was obviously buying for a 15 year old kid standing at the entrance of the shop.

    You were unlucky is all. It's a pity more checkout operators do not pay as much attention to the age and behaviour of those purchasing alcohol.
    I say this from experience of working in an off-license.


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    #5
    28064212
    Registered Users Posts: 10,636 ✭✭✭✭28064212


    The law is fairly retarded in this area. It's illegal to buy (or supply) alcohol for under 18s. However, it's not illegal to buy/supply alcohol for consumption by an under 18 in a domestic residence, with the consent of the under 18's parent. How a shop assistant is supposed to make a judgement on that is beyond me. The parent's consent only needs to apply to the person buying the alcohol and the under 18, not the supplier

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    #6
    Del2005
    Registered Users Posts: 18,992 ✭✭✭✭Del2005


    28064212 wrote: »
    The law is fairly retarded in this area. It's illegal to buy (or supply) alcohol for under 18s. However, it's not illegal to buy/supply alcohol for consumption by an under 18 in a domestic residence, with the consent of the under 18's parent. How a shop assistant is supposed to make a judgement on that is beyond me. The parent's consent only needs to apply to the person buying the alcohol and the under 18, not the supplier

    The parent doesn't get a large fine (and possibly loose their off sales licence) for selling the alcohol, the shop does.

    The shop assistant doesn't sell alcohol to someone who is old enough and has ID if there is someone standing beside them without ID or they suspect they will supply it to minors. A friend of mine in the US was refused alcohol when she had her pre teen children with her in a supermarket, we'll be going that way soon.


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    #7
    28064212
    Registered Users Posts: 10,636 ✭✭✭✭28064212


    Del2005 wrote: »
    The parent doesn't get a large fine (and possibly loose their off sales licence) for selling the alcohol, the shop does.
    The legislation:
    1. Subject to subsection (2) of this section, a person (other than the holder of a licence of licensed premises) shall not—
      • purchase intoxicating liquor for delivery to, or consumption by, a person under the age of 18 years, or
      • deliver intoxicating liquor to such a person.
    2. It shall not be unlawful for a person (other than the holder of a licence of licensed premises) to purchase or deliver intoxicating liquor for consumption by a person under the age of 18 years in a private residence with the explicit consent of that person's parent or guardian.

    There's no method within the law for a shop assistant to determine whether it's for consumption within the home or not. It would have been perfectly legal for all concerned if the OP and her partner were going back to a private residence, regardless of whether he was underage or not. According to the law, the shop assistant should never sell any alcohol, on the basis that they have no control over it when it leaves the shop. It's a completely retarded situation

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    #8
    Corruptedmorals
    Registered Users Posts: 4,194 ✭✭✭Corruptedmorals


    It is so not worth the risk, since your partner could potentially have been underage- it's dealt with just the same as selling it to someone underage on their own. The store (or just off license part- depends) gets shut down for a day or two, get fined massively AND the person who let the sale go through gets sacked- literally it is one of the 'instant dismissal' things. Most stores operate 'Think 25- passport or garda ID nothing else'- some stores in england have refused sales of jack daniels barbeque sauce, lol. I work in Dunnes drapery- and keep having to sign stuff and answer questionnaires on the alcohol policy- never have never will sell it though. There's nothing on it about private residence- they don't care. There is about refusing the sale to someone who could be buying for someone underage and about how you should be vigilant for people drinking in the carpark- there's a radius apparently...and about how anyone under 18 can't even be in an off license?


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    #9
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    Shop did the right thing to be honest, at the end of the day they don't want fines and potential of loosing their license


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    #10
    smelltheglove
    Registered Users Posts: 4,503 ✭✭✭smelltheglove


    Yes she was right. I worked in an off licence once and I have to say I was horribly strict. I would have done the same thing. In fact I even confronted the manager once when security told me to serve someone underage, I refused and called the manager who told me to go ahead with the sale. I stood back and told him to do it himself as I was well aware the person was underage and was not going to serve them just because they were pally with management.


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