Rhetorical Legal Question

[Turvey]

Just the way my weird mind works!

Just say I go into a supermarket for a case of beer, I get to the checkout but realise I've left my wallet at home. I've gone in with my 15 year old son who has his debit card with him. Would using his card constitute him buying the beer?

[laumk7]

Yes

Sent from my iPad using Ford OC

[Stoney871]

Technically even if he went to a cashpoint and lent you the money it would still be an offence.

http://www.cps.gov.uk/legal/l_to_o/licensing_of_alcohol/

[Turvey]

Yeah, kinda obvious now I think about it. Stupid question really.

Another one tomorrow? :)

[GrahamJC]

I may be wrong but I think if your son lent you money to buy alcohol for your consumption, no offence would be committed. If he gave you money to buy alcohol for his consumption, then an offence would be committed by you. This is not really my area

of law so someone else may know better!

[Tomsava]

From what I gather on my license course many moons ago it would only be an offence if your son attempted to purchase the alcohol himself (obviously) or you attempted to purchase alcohol for him (also obvious) no offense in borrowing money to purchase alcohol for your own consumption. However the cashier may refuse to sell you the alcohol if they believe you are buying for someone underage as they will be fined and could be jailed for selling alcohol to an adult who they believe to buying on the behalf of a minor.

Basically borrow the money or card before reaching the counter or alcohol.

[laumk7]

Basically borrow the money or card before reaching the counter or alcohol.

Surely using someone else's card is fraud ;)

Sent from my iPad using Ford OC

[Tomsava]

Only if without their knowledge. There is no offense if someone willingly let use their card and have knowledge of the event. Basically if they know and agree to it its cool

[Tomsava]

And forgot to mention earlier cashier may request to see the sons id if he is present at the time of transaction. And are well within their right to refuse the sale even though the person buying is old enough

[Ru4hie]

And forgot to mention earlier cashier may request to see the sons id if he is present at the time of transaction. And are well within their right to refuse the sale even though the person buying is old enough

Always gets me that one as if me and the wife go to the supermarket to purchase alcohol and one us had id the other has left it at home for instance and they refuse service based on this, yet at the next till a mother with children has purchased a bottle of wine with the rest of the weekly shop she gets served no questions asked yet she is clearly with a person under 18.

Always tempted to ask the cashier for id as they have to be over 18 to sell it.

[MattDRX]

Fraud you obviously don't consent to.

I don't see it as an issue though, the money exchanged hands from you to say Tesco, Tesco gave you the beer and you consumed it.

the 15 year old in question has not made any transaction, nor attempted to buy or consumed, I think you're safe from the Social at the moment.

Where the cash came from is irrelevant, had the beer ended up the hands of a 15 year old then yes, problem. but in the end of the day no alcohol has touched the hands of the 15 year old and neither has he bought it or been sold it unknowingly buy the supermarket to a minor.

No different to him giving you £20 to buy beer for your Bday.

[Tomsava]

Pretty much what I was trying to get at thanks Matt

[jeebowhite]

To be fair when it comes to debit cards I'd you just had him give you the card and you enter the pin no one would even notice. So unless someone is really Eagle eyed then you would probably get away with it anyway. I used to buy bottles of beer when my dad had to get my kid Bro back to the car. Bought it in aldi one day, cashier saw my dad had his hands full and rather than stop it all just waved it through. This was a few years ago though before people started to get much more dickety about sale of alcohol to minors lol

[Philf1]

What I don't get is you have to look 25 to buy alcohol but only need to be 18. So a 30 year old who looks 21 can be refused unless they have ID?

Luckily I look like my 50+ years so no problem

Sent from my iPhone using Ford OC mobile app

[jeebowhite]

I look 50 odd too so I don't worry lol

[Tomsava]

Basically it's suppose to help judge the persons age better. A lot of these young kids look a lot older than they actually are. Specially on a night out.

[gregers]

your telling me,i drove past a young lad the other day,dressed in school uniform of the school i went to yonks ago.im assuming he was in his last year,the guy looked older then me,he had a BEARD. :o

[The Dark Knight]

Only just noticed this topic but I would agree that there is no issue here. As far as I can see there is no offence of using the childs money or card to buy alcohol so long as he or she gave permission for the card or money to be used/borrowed and that the alcohol is for the adult and nothing at all to do with the child.

I've used my mum's debit card before when she has asked me to get some items from the shop while I'm down the town. Gone are the days of signatures so the shop don't care whose name is on the card etc, just put the card in the machine and put the PIN number in. Job done.