Alcohol Sales In Scotland

JohnDB10 | 09:55 Sat 30th Mar 2019 | Law

24 Answers

During a recent discussion at work the following scenario & question arose with regard to the sale of alcohol in Scotland;
A person orders alcohol from a supermarket via the internet.
The order is picked on the following morning at approx 07-30Hrs, and the customers payment card is charged at approx 08-00Hrs.
The completed order is then placed on the delivery vehicle and sent out for delivery.
The order is delivered by the driver at app 10-05Hrs.

The questions are as follows;
1/ At what point (in law) does the actual "sale" take place? When it is charged, or when it is delivered?
2/ Who is responsible (in law) for the actual sale? The premises where it was picked/charged, and/or the delivery driver?
3/ What is the legal situation should the driver deliver the alcohol (in Scotland) before 10-00Hrs or after 22-00Hrs?

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hc4361

Best Answer

Going by the information in the link I posted earlier the sale is deemed to have been made when the order is ACCEPTED. So, Mr Scot places his order online at 4am. The sale is accepted and made at 10.55 when Mr. Seller reads the order and doesn't cancel it. At this point I would expect Mr Seller to email an acknowledgement of the order to Mr Scot "The sale itself (i.e....

17:26 Sat 30th Mar 2019

Go To Best Answer

ummmm

I believe it is charged after it's picked and packed. They have to run it through the scanners. Prices change and some things are substituted or unavailable.

Rockrose

The same as in Northern Ireland - it won't actually let you order for the booze if it is due on an order that is due during restricted times.

ummmm

I order from Tesco. They don't have restricted times as such. They start deliveries from 8am. You can still buy alcohol from their garages at any time.

Rockrose

When it comes to putting the order through Ummm it states that you have items in the basket that have restricted delivery and do you wish to change your delivery time.

douglas9401

"in Scotland" ummmm

ummmm

It doesn't happen where we are. Northampton, England.

Our local shop doesn't sell alcohol until 12 noon on Sundays.

Rockrose

This is what you get on Tesco delivery site
//For Sunday deliveries, this product is only available between 10am and 10pm. There are no restrictions on other days of the week
//

hc4361

The sale will be deemed to have taken place at the premises from which the alcohol is despatched (s 139). The alcohol may not be delivered between the hours of 12 midnight and 6am. The sale itself (i.e. the acceptance of the order) must take place within the licensed hours, which will normally be between 10am and 10pm. The usual rules apply about sales to children and young persons, drunk persons etc.

http://www.journalonline.co.uk/Magazine/62-1/1022719.aspx#.XJ80DmDAOUk

hc4361

Scottish law is very different to English law in respect of the sale of alcohol and licensing laws.

ummmm

It must be. I've ordered alcohol to be delivered before 10am. (not just alcohol I must add, as part of a shop)

douglas9401

I can't do this.

hc4361

The sale takes place at the time of delivery because up until the time the delivery is accepted the order can be cancelled. The retailer is responsible in law for the actual sale as there is no contract between the buyer and the delivery driver.
In Scotland the permitted delivery times for alcohol is between 6am and midnight.

ummmm

HC...when I order I can't change or cancel it from 23:59 the night before.

hc4361

ummm, you can refuse to accept delivery of part or all of the order - that is the law regarding online sales including grocery shopping.

hc4361

Please ignore my post at 9.26. Scottish law has made it clear that in this regard the sale is deemed to have been completed when the order is accepted, not the delivery accepted.