Drinking up time

jb66

you dont own the pint glass, so I guess they can take there property, maybe if it was in a plastic cup you would have a point

arcon5

Your not just buying a pint though, you are paying for a leisure service ie. they are effectively licensing their facilities to you to be used to consume your purchases within their terms.... So I wonder if they could argue that since drinking up time is 30 minutes starting at y time, that you breached the agreement by not adhering to this rule

arcon5

jb66 wrote: »

you dont own the pint glass, so I guess they can take there property, maybe if it was in a plastic cup you would have a point

Ops also purchased to right to use the glass to consume the pint so they cannot just take the glass at any time. However they can argue ops license to use the glass seized upon drinking time ending.

MamaMoo_2

Right, just had a word with someone in the know.
Pre-2003, the licensing act 1964 was in effect, which allowed 20 minutes drinking up time after last orders.
However, when the 2003 act was produced, due to the relaxed nature of the laws regarding opening hours etc, no clauses were inuded with regards to "drinking up time", and so there is no legal definition of a period of time that a pub/club must abide by.
So LEGALLY, they did not need to confiscate your drink, however I would say that if you had been given 30 minutes drinking up time (which is standard procedure in most pubs I know of) and they were closing up, and you had left your drink unattended without letting a staff member know you intended to return, then mistakes like this will happen.
Pubs will kick out people for lots of reasons (fighting, being boisterous, causing trouble, drinking too much, or even "we closed 30 minutes ago, you've had enough time") and unfortunately, if this occurs, due to the nature of the product ie alcohol, and the nature of licenses, staff will confiscate pints, and they have the right to do this. (Our premises are closed, you've had ample time etc)
The amount of time I spent waiting for my husband to leave work because he had to wait around for people to leave who were taking the Mickey was unreal!
By 35 minutes past the landlord would just turn the lights out. The premises and glass belong to them, your usage runs out 30 minutes after last orders (not "legally", but procedurally that's how they do it) so after that, it tends to be "tough, you were warned"

Faith177

In my pub the people clearing the floor will dump everything they find on the bar so that those cleaning behind the bar can chuck the rubbish away, put glasses in glass wash ect while we just get the floor clear. Therefore anything left on the bar is fair game to be chucked.

I hate how long people take to drink up Bar staff have lives too and want to get home as much as you. My pub closes at 11 we normally let people stay till 20-25 past.

Last night the last person left at 12:15!!! I didn't finish till 12:30 in the end. Yes we can people to leave but often it's best to leave them too it in case they try and kick off.

bris

This has to be a wind up, if not the glass belongs to them and they repossessed it after you should have left anyway. get over it.

paddyrg

The price of the beer includes hire of the glassware - in order to reclaim the glassware I guess they had to get rid of the long-nursed half-pint.

I really don't recommend arguing the toss with the landlord over half a pint though, whether it is legal or procedural - if you make it easier for them to ban you just to get rid of a knowall customer, they will!

jeffo489

no it isnt a wind up. No, I dont intend to argue anything over this...I am just always curious on the legal position. Its always interesting to know what is written in law even if you dont intend to apply it.

Anyway...I know I had too much to drink, and was a bit rude to the bar staff after they confiscated my pint. I am probably barred anyway, which of course IS within their legal rights because they can refuse to serve or admit anyone that they choose. oops. It was my local too. Probably would have handled it differently in the cold light of day.

Valli

jeffo489 wrote: »

Before you answer...consider...when does the ownership of alcohol legally change hands? is it when I BUY it (and hand over the cash) or when I DRINK it?

If it is when I PAY for it, then the pub has technically broken the law and stolen the pint in which case they must offer a refund for the disposed of portion of the drink.

If a contract of sale is created when i pay for the drink then this should be the case.

Unless of course under licensing laws the pub is obliged to ensure that no alcohol is consumed on site beyond x minutes after last orders then they may have been entitled to confiscate the alcohol without further notice.

I would love to know the absolute rights and responsibilities in this case.

You've answered your own question - but you would need to know the terms of the licence of the pub you were in but licences relate to consumption of alcohol (ie whether it is for sale for consumption ON or OFF the premises selling) as opposed to transfering ownership of goods.

timbstoke

jeffo489 wrote: »

Anyway...I know I had too much to drink, and was a bit rude to the bar staff after they confiscated my pint. I am probably barred anyway, which of course IS within their legal rights because they can refuse to serve or admit anyone that they choose. oops. It was my local too. Probably would have handled it differently in the cold light of day.

Pop back in, apologise, and with a bit of luck you'll get away with being told to watch your attitude in future. It's not unknown for me to indulge in a bit of righteous indignation after a couple too many - as long as you weren't a complete tool and remember to wind your neck in a bit next time you should be OK.