Body & Soul32 mins ago
Alcohol Sales In Scotland
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?
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?
Answers
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 acknowledgem
17:26 Sat 30th Mar 2019
Thank you for the opinions so far.
To clarify the question;
Is the general opinion that in the legal sense, the sale is deemed to have been made when the order is PLACED?
OR, when the sale is CHARGED to the customers card/bank account?
(It would appear that the delivery is under a separate rule of "not between 24-00Hrs & 06-00Hrs.)
To clarify the question;
Is the general opinion that in the legal sense, the sale is deemed to have been made when the order is PLACED?
OR, when the sale is CHARGED to the customers card/bank account?
(It would appear that the delivery is under a separate rule of "not between 24-00Hrs & 06-00Hrs.)
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. the acceptance of the order) must take place within the licensed hours, which will normally be between 10am and 10pm"
"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"
Thank you hc4361.
So in your last scenario, if Mr. Seller reads & accepts the order at 10-55 that is legal.
BUT, that leaves me with the thought that (for example);
Mr. Scot places his order at 22-30, it is sent through to Mr. Seller, who picks it & charges the customers card at 07-30 the following day, places it on the van due for depot departure at 08-15 , with a scheduled delivery time of 10-15.
From the link, and the other replies, that would appear to contravene the law in regard to the "sale" aspect.
Have I read that right in your opinion?
So in your last scenario, if Mr. Seller reads & accepts the order at 10-55 that is legal.
BUT, that leaves me with the thought that (for example);
Mr. Scot places his order at 22-30, it is sent through to Mr. Seller, who picks it & charges the customers card at 07-30 the following day, places it on the van due for depot departure at 08-15 , with a scheduled delivery time of 10-15.
From the link, and the other replies, that would appear to contravene the law in regard to the "sale" aspect.
Have I read that right in your opinion?
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