what's classed as stealing in supermarkets.

[mrspirite]

can someone please settle an argument....if you pick up a sandwich while doing your shopping in a supermarket,and then eat it while walking round,but take the empty package to the checkout to pay for said sandwich,is this classed as stealing,and is it a prosicuteable offence..i say it is stealing.p.s. the same sandwich in the instore cafe,costs more to eat in.

[tonyav]

Yep, thought it would be dot, not that I do it you understand ;-)

[dickythecook]

There was a case some years ago when a person went into a store and opened up, I think, some chilled food in order to get some type of coupon to enter a competition. The store tried to prosecute for theft and damage to stock but very clearly labelled on the packaging were the rules of entry. It said 'No purchase neccesary'
On the other question, when I was in food retailing, if you passed the checkout area and did not pay for any or all of the goods from the store then you were guilty of theft. E.g. You really can't forget that you have put a bottle of whisky inside your jacket and only pay for a packet of crisps, now can you?

Dotty, are you still around the Ormskirk area. Just being nosy, 'cos you mentioned the big O in a post a few days ago. dtc

[vulcan]

Dotty mentioned the library, I saw a man in my local bookshop with his daughter. She selected a book, they sat down on the floor and he read the story to her, the book was replaced on the shelf and they left.

[boxtops]

Thank you venator - it's the implied contract to buy and sell, underpins every transaction.

[Nini74]

i've always hated seeinp people walk around the supermarket eating things - surely you can't be that hungry! however, now that i have a 2 year old, i have been guilty of giving him things - but always things that don't need weighing at the end (eg his favourite food is grapes but to me,feeding him grapes out of a bag that will be weighed before I pay for it is out of the question). I mostly take things with me n my bag anyway, but on the odd occasion when i'm caught out and he's grumping/bored, then I'll buy some crisps or sweets and make sure I pay for them at the end. Quite often the person on the till tells me I shouldn't have bothered when I put the empty wrapper on the conveyor belt though. In answer to the question - its not theft as there is no dishonest appropriation, nor the intention to permanently deprive.

[naomi24]

I can't see how you can be accused of stealing something if you pay for it at the checkout. You may have eaten it, but you haven't stolen it.

[dotty.]

hi dicky, not too far from Ormskirk, grew up there and went to OGS.

[Skyline D]

DTcrosswordfan "the other issue in eating food, especially a sarnie, pastie or pie is VAT....... on the premises of course..... "

No it isn't. There's absolutely no VAT relevance here at all. VAT is chargeable on food items depending on what it is and whether or not it's hot, not where it is consumed. A sarnie, pastie or pie would be liable for the same amount of VAT in a supermarket whether it was consumed on the premises or not.

It may be different in the supermarket restaurant where service and potentially cooking / heating is involved but that's not what we're discussing here.

[factor-fiction]

>I can't see how you can be accused of stealing something if you pay for it at the checkout. You may have eaten it, but you haven't stolen it.

It could be awkward though if someone just has a couple of banana skins, one mars bar wrapper from a pack, and a pocketful of crumbs from a fresh loaf of bread.

[Peter Pedant]

obvious theff
by eating it you have permanently deprived the owneer of it

and by eating it, Idont see that you can convincingly argue that you intended to return it to the owner

The nearest case: years and years ago bristol
there was a habit of taking bottle of milk and leaving a shillin' init s place - result a test case was convicted of theft

[dotty.]

If it is wrapped or bottles food or drink, you can convincingly argue that you were going to pay for it when you have the reciept in your hand after retaining said packaging/bottle and going through the checkout though. which is what the OP refers to specifically and what many responses have explained. Eating anything unwrapped like fruit or pick n mix sweets or bread/cakes left unwrapped on bakery displays would however be very close to intended theft.

[blue_eyes1]

If you open say a drink in a supermarket and consume it/some and then put it back, it is classed as criminal damage. However, if you put in ur trolley/basket and proceed to checkout u can argue u are going to pay for it. You have to leave the store with it without paying for it to be stealing.

[blue_eyes1]

Did I mention I was a store detective and had to know these aspects of the law to save my ass being sued?!