time based price alterations

KiltedUberGeek

This is probably a bit of an esoteric question…


I recently encountered a “corner shop” (quotes are because it wasn’t actually on a corner but you get the meaning) that varies its prices based upon time.


The variation is that prices increase, quite drastically, late at night. It just so happens that these times happen to coincide with pub closing times. Most consumables in the shop are double priced on the shelf, with the time variations clearly labled.


Given that the Sale of Goods Act says that it is illegal to charge someone more because they are drunk, and therefore judgement impaired, can it be construed that such an increase in pricing is likely to impact more on the slightly more oiled members of society than upon sober ones and therefore unlawful? Or does the fact that it applies equally to sober people exempt it from this clause?


N.B. the shop in question was in Aberdeen. Prices affected (from memory) were things like soft drinks, snacks and cigarettes.


PS apologies if I have posted this to the wrong section of the forums, but this one seemed the best.

visidigi

I don't get your question - its a price per time of day not a price per intoxication level.

They can charge what they like, although only in Aberdeen (I know it well) would they be so bad as to charge an out of hours premium in a store...that place has just become pure daylight robbery to live in now...

wealdroam

KiltedUberGeek wrote: »

Given that the Sale of Goods Act says that it is illegal to charge someone more because they are drunk,...

Does it say that?

I didn't know that.

Thanks for the information OP.

pcombo

so did you actually buy anything OP.

shop can sell anything for how much as they like regardless what the time, or who it is, or what state there in.

It's there products they paid for it now they need to sell it to make a profit.

mo786uk

As long as the pricing is clear and available to anyone who wants to buy (i.e not just limited to drunks) then it wont be illegal.

arcon5

KiltedUberGeek wrote: »

Given that the Sale of Goods Act says that it is illegal to charge someone more because they are drunk, and therefore judgement impaired, can it be construed that such an increase in pricing is likely to impact more on the slightly more oiled members of society than upon sober ones and therefore unlawful? Or does the fact that it applies equally to sober people exempt it from this clause?

Is there a newly revised version we don't know about?

If their prices are clear and not misleading they can do what they want.

ellay864

Wish our local Tesco would implement a policy like that for sweets and cans of drink around 3.30 - it's a nightmare trying to pop in for something quickly once the schools chuck out!

texranger

KiltedUberGeek wrote: »

Given that the Sale of Goods Act says that it is illegal to charge someone more because they are drunk, and therefore judgement impaired, can it be construed that such an increase in pricing is likely to impact more on the slightly more oiled members of society than upon sober ones and therefore unlawful? Or does the fact that it applies equally to sober people exempt it from this clause?

i have never heards such a load of B*** S*** i oukld like the Op to give us a link to the actual clasue in the SOGA about this.

I sell at various summer fairs/ country shows and my prices go up and down all the time depended what a fair costs me.

and example is i do local fairs where they charge me £10 to £40 to trade , but i also do large shows like the Great Yorkshire Show where it costs £1000 to trade.
so items that i sell for £2 at small shows are £5 a the large shows.
their is nothing illegal about this practice.

mo786uk

Its not hard to look up the law and here it is

3 Capacity to buy and sell.

(1)Capacity to buy and sell is regulated by the general law concerning capacity to contract and to transfer and acquire property.
(2)Where necessaries are sold and delivered [F1to a minor or] to a person who by reason of [F2...mental incapacity or]... drunkenness is incompetent to contract, he must pay a reasonable price for them.


Therefore that does seem to fit with what the OP is saying, if you are drunk and go into a shop and they charge you £20 for cigarettes when everyone else is paying £6 then that is not on. Its a moot point anyway as that is not what is happenign in this situation.

texranger - your situation is also different because you are chagring different prices at different shows - not displaying 2 prices on the same product at the same time but where the price changes depending on the time of day.

fthl

not at all, it says that they must sell something for a reasonable price. What is reasonable is very debatable. It's not illegal to charge them more because they are drunk.

George_Michael

Spivvo, (my local source) charges me £35 for a 1g baggie of the best Columbian. However, if he is approached by an unknown drunk looking to score he will often stiff them for £60 for the same quantity.
It's all down to supply and demand. Should what he does be illegal? I don't think so.