shop assistant accusation

[mikebus]

I was shopping in my local shop and took my purchases of cans of lager and cider to the checkout. With me was my son and his girlfriend both aged 17, they bought sweets and left before me. The assistant then said she was unable to sell me the alcohol as she thinks I was buying it for the "kids". I was shocked but I understood her reason, I said no it was for me and my wife, in fact it was fr my son and his mates and girlfriends but they were not going to consume it on the street, they do drink at home supervised by me and my wife, the law states anyone aged 5 to 18 can consume alcohol in the home. Not that I would give it to a 5 yr old. Anyway, we do this so we can see what they are doing in a safe environment and with the agreement of their parents. The assistant went on to accuse me of being seen in their car park on another occasion handing out beer to youths. This is not the case and I replied that she was lying. The shop was full of people and I was really embaressed, in the end I insisted I was not leaving unless she called in the manager, she then sold the stuff to me without a word. Whilst I fully understand how it may have looked I am disappointed that a shop full of local people witnessed this> Any thoughts please..Thanks

[loonytunes]

Section 149(3)(a) of the Licensing Act 2003 says:-

A person commits an offence if he buys or attempts to buy alcohol on behalf of an individual aged under 18,

Consumption is not covered by the act unless the child has it bought for him on the premses where it was sold and drinks it there. That means the child can drink it at home, simply because that area is unpoliceable.

By buying alcohol for someone under 18, you have committed an offence for which the maximum fine is �5000.

The shop would also have committed an offence had they sold it to you if you had that intention. The fact that you lied to them in order to complete the illegal sale compounds your illegal act and I think it is a little uncharitable in these circumstances to complain that their version of events was based on a lie. If you were embarrassed by this scene, you may wish to consider that it would not have happened if you had intended to compliy with the law.

[Ethel]

If I were so embarrassed and humiliated by a store assistant, I would take my business elsewhere and they would never get another penny from me.

Loonytunes is quite correct - and the store were acting properly although it may have been handled better.

[karen-l]

i totally agree with ethel wudnt b shoppin in that store again

[happyjo]

Although I agree with the legalities, I think you are acting responsibly by monitoring their behaviour... but that's a different matter.

I would write a strongly worded letter to the manager about the way this assistant handled the situation. Tell them you spend �x a week in their shop and from now on you will be taking your business elsewhere.

If I were you I would leave your son at home when you go and buy him a few beers in future. This will avoid any future accusations.

J x

[richierich07]

i`m sorry but i am backing the shop assistant up on this

as its been said she and the shop is liable for the fine for starters

think of it the other way around some stranger buys some drinks for some kids , a few hours later the kids are DD then you would just to be as much blame as the shop

we have all seen the kids drinking like there is no tomorrow bringing misery to the streets if i seen someone buying drink or kids buying drink then i would also report it

[Kleiber]

Quite right, wizard. If I go into a shop to buy a new kitchen knife, are they going to refuse me in case I "might" stab someone with it?? Whatever happened to common sense? This nanny state we live in is really getting too much. I went to the chemist's the other day to buy some hayfever tablets (my son & I both suffer) and I asked for 2 packs, as I'm away on business next week and K. Jnr is staying at home, so I wanted one for each of us. I was refused as, according to the "new law" (what??) they are only allowed to sell one pack per sale. I asked the dispenser if, if my son was with me (he's 19, by the way, so not a child), they'd sell each of us a pack and she still said "no". Now that's ridiculous!!

[KRUSTYMAN]

My wife sees this problem almost daily. She works for a large supermarket chain and, apart from the abuse she gets from people who want to take out any grievances they have with other people on her, she is also terrified of being fined -out of her own pocket, not the stores - for selling to people who are genuinely buying alcohol for kids. It is better and safer for her to err on the side of caution and refuse to sell it! If you want to blame someone for your problem look to the idiot adults who are stupid enough to buy alcolol and cigarettes for kids outside of shops.

[KRUSTYMAN]

LIke I said, blame the idiots who do buy this stuff for kids! If they weren't irresponsible enough to buy stuff for kids who then go on to be someone elses problem my wife and thousands like her wouldn't have to play safe for fear of being penalised.

[JB]

Yes, the shop assistant probably could have handled it better, but you can't blame her. Why should she give the benefit of doubt to a complete stranger, when the wrong decision on her part could leave her with a hefty fine, no job and a criminal record? That's exactly what happened to a local off licence assistant who served an adult, accompanied by a minor (17 years old) without question - it was part of a sting.
It definately is inconvenient to the genuine customer, but please spare a thought for the shop assistant! There is no satisfaction whatsoever in confronting someone who you either think is underage or you suspect of supplying to someone underage.
As for a shop full of local people witnessing this - surely they would be heartened by the fact that the assistant was so careful and therefore making a small contribution to a safer community?

[bednobs]

what you seem to be forgetting is that she accused you of something that was true - you WERE buying alcohol for underage people, and thus i dont see how you can be upset about it!
Imagine you had got to the till and she had accused you of shoplifting, for example, and then you had produced 5 packets of sausages from under your coat - would you have said she was causing a scene and been upset that a shop full of people witnessed it?

[johnny37]

My son is a police officer and he sees instances of older youths buying alcohol for children all the time, which he proves by nonchalantly following then down the street. I was present recently when a checkout assistant refused to sell cigarettes to a lady who was clearly over 18, even though she was with her boyfriend who looked even older. Annoying it may be but they are only doing their job. Call the manager and let him sort it out, dont kick up a fuss. The underage law would be impossible to enforce with this rule.

[johnny37]

Have you seen the lastest underage scam. Apparently LloydsTSB are issuing debit cards to children which, as well as legitimate use, enable them to order cigarettes online.