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Alcohol & Under 18's

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gidwick | 17:09 Thu 02nd Nov 2006 | Civil
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If I was a 17 year old and went into a off licence to buy some champagne for my eighteenth birthday and they refused to serve me because i was underage, and then if I accidently dropped the bottle putting it back on the shelf, surely they legally cant charge me for the breakage?
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You cannot ever be charged for breakage in any shop, at any time, regardless of any signs they may display.

The only exception is if you deliberately break it, when you could be charged with criminal damage.
Getting anyone to believe that you didn't deliberately smash it because you were refused service might be a problem.....
Under section 149(1) of the Licensing Act 2003, an individual aged under 18 commits an offence if he buys or attempts to buy alcohol. Penalty - fine up to �1000. You pay up for the breakage and get out quick, its cheaper.
Just out of interest, can you expand on your answer Ethel? I'm intrigued....
I am intrigued too, Ethel :o)

I have encountered so many of these 'you break, you pay' signs and when my kids were little I refused to take them into department stores displaying these signs..I was so afraid my buggy might hit a display unit, or a childs teddy being chucked at the Doulton!
I agree with Ethel, I think that any property within the shop is the responsibility of that shop until it is removed from that shop, until then it is down to the shop keeper/owner to look after their stock.

It may seem unfair or a bit peculiar but I think that is how the law stands.
So what happens if the owner/manager asks you to pay for damaged goods?
What can the shopowner do? Take your name and address? There is no law that says you must give it. Call the Police? No offence has ben committed and they will not want to know. The shop can try to sue you but if they don't know who you are, you are home and dry.
Refuse if it was an accident or if you feel you should pay, then pay, but the law does not require you to pay.
Ok ~ I shall take my daughter out and let her throw her teddy at the Spode...
Sorry, Pippa. "Ok ~ I shall take my daughter out and let her throw her teddy at the Spode... "means that you are allowing your daughter to commit criminal damage, as she is under your control. It would be as if you had thrown the teddy if you did not take steps to prevent the stuffed toy flinging episode.

So far as we know you might have trained the little one to perform these flings in an attempt to evade the consequences of actually flinging it yourself.

Of course, your daughter (presumably under he age of criminal responsibility) could fling with impunity if she somehow got free from your clutches and was no longer under your control. The shop could not say, even though you were negligent in losing your offspring, that you could have reasonably expected Spode smashing mayhem with teddy tantrums to be the natural result.

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