Quote:
Originally Posted by jambutty
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.
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Hate to say this but you are completely wrong. The licence gives PERMISSION. It does not give an OBLIGATION. ASDA dont have to sell anything they dont want to - its just that simple. You have no contract with ASDA as a consumer and they dont HAVE to sell you anything. I have both the applicable Trading Standards Qualifications and have been an Officer with Trading Standards for over 8 years so I'm sorry but you're just going to have to accept it.