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Excluded from a Tesco Store

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airbolt | 00:18 Wed 25th Apr 2007 | Law
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I am looking for advice on the following situation. I usally stop for a tea or meal at the Tesco Store near me. This has been semi-regular for three years. Today i was marched out of the store by a security man and told " we dont want you here , you're barred ". My "crime" was to take a Sun newspaper from the store to the cafe area. At no stage did i leave Tesco premises and had no intention of taking the paper off the premises. The security guard was aggressive and talked to me as if I was a naughty schoolboy. I was taken to the cafe till to pay with a lot of show - only to be told i couldnt pay there. I was then told that i was going to be escorted to another till. This was done with deliberate humiliation . I put the paper down and said i had had enough of being treated like this. At this point he talked into his radio saying " keep a camera on me , i am escorting someone from the premises" . I was escorted from the shop. I was very upset and humiliated. I think this was out of proportion and I was not given a chance to speak to the store manager.

I offered no aggression and was actually in tears when i was escorted off the premises. I'm still very upset and was wondering where i stand legally?

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It really depends on the layout of the store. If you took the paper past the checkouts to get to the cafe, it doesn't matter that it's in the same building, it'd be reasonable for the guard to think you were shoplifting.
My local Tesco has recently put up prominent signs stating, 'This caf� does not provide free newspapers', so it seems likely that Tesco's bosses are getting fed up of people 'abusing their hospitality' by doing exactly what you did.

Even though Tesco would have found it difficult to bring any criminal charges against you (because it's difficult to prove 'theft' if an item is not taken from the premises), you were clearly in the wrong and it's hardly surprising that Tesco staff (or, more accurately, the security staff who are under contract to Tesco) decided to take some action.

Whether the security guy's actions were appropriate are a matter of opinion. Some people might have simply 'had a quiet word' but. personally, I can't see that there's anything wrong with what he did. (Asking his colleague to ensure that the incident was on camera was both in his interest and in yours. It's what any good security staff would do, in order to ensure that neither of you can claim that any form of assault took place).

Legally, there's nothing you can do about it. Any store can bar whoever they like (unless it's, say, on the grounds of race) without providing any reason. You could try writing a polite letter (I don't recommend any other sort) to the manager to see if he'll reverse the decision of his security team but I doubt that he'll oblige.

As far as taking any action against the store, or their staff, is concerned, I don't think you've got any realistic chance of getting anywhere. It's not a criminal offence to upset or humiliate someone (except in specific circumstances which don't apply here) and it would be almost impossible (and very expensive) to bring a civil case seeking compensation for your distress.

Just write it down to experience and remember to pay for your newspapers in future.

Chris
hey air ,
how shameful for you , I would write to head office , explain you was made to look very small and you was humiliated

Also you should ring and speak to the manager and if all of this fails threaten to tell your local newspaper /radio as there are real thieves out there , how silly xx
Question Author
Thanks Redhead.

I'm feeling really low at the moment. Your reply has perked me up a little.

Ta
airbolt
air do not let that baffoon of a security guard get you down

at the end of the day you know you was not stealing or in fact doing anything wrong , we all do things absentmindly
i would be like you , very annoyed , but tommorow is a new day and you can write up your letter and make your phone calls and hopefully get some sort of apology or explanation

however i complained about the state of tesco's cafe being filthy and never got very much satisfaction
however this was very bad and im not sure he can man handle you , they normally have to witness you steal something and conceal it before they can do anything . x
the newspapers are there to be purchased, not borrowed and returned - you pay before you read.
who is going to buy a paper that has clearly been read, badly folded, and even could be marked by fingerprints and food residue? i wouldn't!

just because you didn't technically leave tesco, you did leave the shop section and went into the cafe, presumably away from the owners of the papers sight.

whilst the store detective was a bit over zealous, you can't honestly believe that you did nothing wrong!?

is this the first time you have done this - or just the first time you were caught? do you normally just then leave it and not buy it?

people do this sort of thing all the time in order to shoplift (not saying you were) but the shops have heard it all before, and get all sorts of sob stories and claims of absentmindedness. sometimes these are true but you can't blame them for taking it with a pinch of salt.
I'm afraid that I'm with all the above except redhead - nut I think that it is worrying that you don't consider that you have done anything wrong.
If I go to the local Sainsbury's - they have newspapers for customers to read. Sometimes I buy a paper - it's a pocket breaking 35p - and keep the receipt just in case anyone challenges you and I can take it home with me if I want to.

Yes you have done something wrong - yes it's worrying that you think you have done nothing wrong and yes the supermarket was entitled to do what they did and yes again to the security guard is entitled to hold you incase you make a run for it or try and lamp him one. Would you have took a book from their book dept and put it back after reading a few pages or a CD, played it in the cafe on your walkman and popped it back when you've done? It's all the same principle.
Question Author
At least Redhead has some humanity , and for that i thank them.

By the way , I have been unemployed for three years after a family death and going to that cafe was the high point of my day. Still , people like me have to be taught a lesson.








Airbolt , I agree about the lack of humanity shown by most of the contributors - most of them sound just the snidey sorts to grass you up to the security guard. I got similar moral censure from the blamemless ones when I asked about library fines.
Security personnel are - generally speaking - scum. I used to sit on a bench in an open area outside my gym and have something to eat - I got sick of being harrassed by security men who would come down from their spy tower . The worst was when they used some sort of spying equipment to look into my bag and see I had an unopened bottle of whisky in it - I got "you weren't thinking of drinking it here" etc.
airbolt - whilst the store was technically right I think they behaved appalingly!! If you were going to steal anything I woudl imagine it would be a tad more than a newspaper!! And whilst that pompous guard was treating you like one of the Krays I would imagine at least 5 or 6 genuine shoplifters got away out the door.
Oh dear - now I have no compassion!

My point is not to say that I have never done anything wrong - I most certainly have made mistakes - the point is though that I own up to my mistakes, apologise and get on with my life instead of whinging to other people about how unfair life is.

I am simply trying to point out that unfortunately society as a hole seems to want to blame everyone else and not take personal responsibility - whether it be the 'borrowing' or a paper, not returning library books (never mind the other people who wanted to borrow them - that's not my problem) or trying to get off parking tickets / speeding fines etc etc etc

I'm sorry that you have had a family bereavement but I see this as nothing to do with either your behaviour at the store or this question.
Considering the huge profits Tesco make you would think they could supply papers for people to read in the cafe as a good will gesture for their customers, many other retailers do.Why don't you go down to your local library airbolt they usually have an assortment of papers and magazines.I also complained Readhead23 about disgusting trays and dirty tables and got no joy.One other point, some of the Tesco cafes where franchised out a while ago so if yours was one of them then it could be awkward if you want to make a complaint airbolt.
Oneeyedvic:
"I'm sorry that you have had a family bereavement but I see this as nothing to do with either your behaviour at the store or this question"

How the Hell would you know???
FPY
"How the Hell would you know??? " - I don't which is why I said "I see this" as in This is my opinion and the way that I see something. I am not purporting it to be a fact other wise I would have missed out the words "I see"

But I am curious how you think some one taking a paper without paying for it into a cafe and reading it there and subsequently being asked to leave the premises has anything to do with a family bereavement?
fyi oone im not a NUT because i don't like the way airbolt was handled , there is no need for you to be so rude towards me that is my opinion you do not have to like it , but i can assure you the profession i am in means i am anything but a "nut" thank you !
red, i think that was typo and meant to say 'but'...


lots of people have problems, but don't expect shopkeepers to give them special priveledges for it.

How would the store guard know anything about your personal circumstances?
why exactly is that relevant here?
if you were distraught and did something out of character, they may have been able to tell and offered to call someone to pick you , but after 3 years, i don't imagine you are not in your right mind, and behaving like a person in shock.

everyone agrees the security guard was a bit of a jobsworth but he must get people ''trying it on'' every day and sick of it.

whether or not tesco should provide papers is irrelevant, they don't and you took an item presented for purchase not borrowing.
-- answer removed --
thank u Joko , I hope not for once i was being sensible lol x
Joko is correct - I did mean 'but' and not 'nut' - apologies

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