Eating In Store Restaurants

[libraaudio]

Is there any legal reason why one can't eat food bought in the store in their restaurant/ cafe?

[woofgang]

the store has the right to say what can and cannot be done on their premises (with certain exceptions, eg breastfeeding) so if they don't want you to eat any food there apart from what the restaurant supplies, they can enforce that.

[Buenchico]

VAT isn't charged on food bought in the store but it has to be paid on food sold in the café.

[themorrigan]

fI had this problem in Marks and Spencer -they had no gluten free product in the cafe for the person I was with to buy -but would not let her go and buy a gluten free product (boxed salad) from within the store to consume in the cafe! I complained but was told it was their policy -like it or lump it in other words!

[elliemay1]

If you'd just gone ahead and done it without asking I bet no one would have noticed!

[libraaudio]

I do not believe the VAT reason is exact, as this only applies to heated food surely? Can the restaurant enforce it? That is the question, or they can ask you to leave?

[Mamyalynne]

Yes, they can and do often enforce it.

[factor-fiction]

Some let you bring baby food in to heat up but as themorrigan says it's up to each store

(Can i just say to themorrigan that I like your new avatar by the way- Celtic goddess.)

[stewey]

Complicating the matter could be the fact that the restaurant is not actually "owned" by the store but is a separate business merely leasing the space.

[sandyRoe]

Arianrhod?

[Buenchico]

>>>I do not believe the VAT reason is exact, as this only applies to heated food surely?

The difference between hot and cold food, for the purposes of VAT, only applies to takeaway food. ALL food sold in a restaurant or café is subject to VAT.

[themorrigan]

no sandy my avatar depicts Morrigan -the irish goddess of war and fertility

http://www.pantheon.org/articles/m/morrigan.html

[FredPuli43]

My house, my rules. They can forbid or demand anything which the law permits. They don't need to sue for damages or an injunction. They can declare you a trespasser and evict you with reasonable force (or "molliter manus imposuit" " as a defence, for you old lawyers)

[libraaudio]

Going back to the VAT issue, is VAT charged on all food then-even in the store (not cafe)? Has there been any known cases where the issue I highlighted has been opposed by customers legally or enforced by a store? I am sure that it can't be so black and white. This is not presented or enforced abroad in Europe, so one assumes that this is not an International 'law'. Surely without a legal statement this can only be seen as a 'recommendation'. Of course the 'owners' could eject you on another cause as Mark suggested.

[Baldric]

Who Mark ?

[joko]

it is not a law though, its a rule. their rule. and it you want to eat there you must follow their rules. it may seem petty but most eating establishments expect you to eat the food they serve - not bring stuff from outside - no matter where it came from.

is this for a course or are you hoping to make some sort of claim?

[hc4361]

Of course the store doesn't like it - they still have to clean up after you and you are using their facilities, taking up a table a paying customer could be using.

VAT is paid on ALL food and drink served in the restaurant, unlike the take away food which may or may not be subject to VAT.

It is not a law, it is store policy to refuse customers to eat food bought elsewhere. The store is within the law to enforce such a policy and if you refuse to leave when asked you are then trespassing.

[Buenchico]

Quote:
"These are examples of goods and services that may be zero-rated, depending on the product itself and the circumstances of the sale:
food - but not meals in restaurants or hot takeaways . . . "

Source:
http://www.hmrc.gov.uk/vat/start/introduction.htm

[heathfield]

HMRC will tell you that VAT is charged on everything. When something has no VAT, they'll say that VAT is being charged, but at 0%. It's just their curious way of putting it.

[Buenchico]

>>>It's just their curious way of putting it

There's actually a good reason for it. Zero-rated items count as 'taxable supplies', the total value of which determines whether a business needs to be registered for VAT or not. (VAT-exempt items don't count). Further, any VAT incurred in buying supplies or services to produce zero-rated items can be reclaimed but such VAT can't be reclaimed for the production and sale of VAT-exempt items.
http://www.hmrc.gov.uk/vat/start/introduction.htm#6

[woofgang]

the law is that the restaurant (with certain exceptions) can decree how customers may behave in their premises and may request people, who don't comply with their rules, to leave....which is what I said in my first post.