[jambutty]

Originally Posted by MikeSz

Dont take this the wrong way but you're missing the point. Whilst I agree that this may well be a Google Page Ranking exercise, ASDA, and any other retailer for that matter can refuse to sell anything for whatever reason they like. They dont have an obligation to sell and you dont have a right to buy. The license allows them to sell (within its terms), it doesnt require them to. When you take goods to the till, you are making an 'invitation to treat' and an offer to buy. They can accept or refuse your offer. They could, for arguments sake, decide that they are only going to sell products to 147 year old women wearing red jumpers and that would be perfectly lawful.

I think that it is you who is avoiding the point.

The licensing laws state WHEN A PREMISES HAS TO BE OPEN for the sale of booze and what types of booze can be sold. There used to be pubs and off sales that were only licensed to sell beer. There used to be one such pub on Shadsworth Road where it were joined by Rothesay Road in Blackburn. I accept that the vendor can refuse to make a sale but the vendor has to have a viable reason and see next paragraph but two. ***

By stating that Asda will not sell booze on a Friday between midnight and 6:00am they are in effect closing the booze selling section down for that time and are thus in breach of the licensing laws. Unless, as I have already stated, Asda has had their license altered to reflect their intention.

If a customer entered Asda between those hours with the intention of buying a bottle of rum or whatever and he was obviously well behaved and not under the influence of anything, Asda would have to sell him the rum. If Asda refused then the customer would have a case to take to the Trading Standards Office.

*** The fact that the goods are on display with a price tag is in effect saying that the vendor is willing to sell those goods at the displayed price and must accept an offer to buy them at the asking price, unless the vendor has a good reason not to sell.

If you take such goods to the counter with intent to buy (meaning that you have the wherewithal to do so and the vendor can see that you have) the vendor must sell them to you at that price. However the vendor can reduce the price if the customer and the vendor are prepared to haggle, but cannot increase it. Suddenly declaring that those goods are only for sale to a 147 years old woman wearing a red jumper is not a good enough reason – unless a notice to that affect is prominently displayed in the shop.

If the goods do not display a price tag then the vendor is not under any obligation to sell the goods. The goods are just on display and inviting an offer for them. The vendor can refuse any offer if he chooses to.

In practice no vendor is going to refuse to make a sale if it would be legal to complete it. Not if he wants to stay in business, he won’t.