Is it legal for a pub to keep your card behind the bar?

javics

I fully understand why pubs want to keep a credit (or debit) card behind the bar - customers can and do sometimes wander off without paying, but is it legal for them to do it? 
(Yes, you can pay as you go - I never hand over a card - but I just want to know about the legalities of this)

[Deleted User]

It's legal for them to ask, yes.

k3lvc

Yes it's legal - just as you reserve the right to never hand over your card they reserve the right not to serve you (or to only accept payment in advance)

I suspect if you refuse you'll end up thirsty/hungry

pbartlett

although of course if you voluntarily hand over your card to someone else and it was used to make an unauthorised purchase you may find some push-back from your card company in refunding you.

Sandtree

javics said:

I fully understand why pubs want to keep a credit (or debit) card behind the bar - customers can and do sometimes wander off without paying, but is it legal for them to do it? 
(Yes, you can pay as you go - I never hand over a card - but I just want to know about the legalities of this)

Why do you think its illegal? And is it you or the barman that you think goes to jail if you do hand it over?

It is certainly not a criminal offense to hand over your card to anyone else. You may want to read the terms and conditions of your credit agreement as it may be against the contract to allow someone else to control the card but the reality is many people do with at least moderate frequency (certainly I've given the Mrs a card to go pay for something when she's "forgotten" her purse)

Whilst it would be a criminal offence for them to use the card for a purpose other than intended and you would have a civil claim against them for the monies your bank probably would say its your problem to solve because you gave up control of the card.

Penguin_

In my local, given it's in a tourist area, they have a small box that the card goes in & when its closed the key comes out & that's given to the customer & the box is put in the slot for their table. 

WillPS

The inference with all these things is that if you naff off they'll charge it to your card - which I don't think could happen as the cardholder would not be able to authorise it.

The 'Ember Inn' (Mitchell & Butler) pub near me has a proper system for opening a tab with a deposit (like a hotel) which disappears when you settle up. I doubt retention of the physical card would give the pubco any right to charge it all.

Ebe_Scrooge

WillPS said:

The inference with all these things is that if you naff off they'll charge it to your card - which I don't think could happen as the cardholder would not be able to authorise it.

Of course they could charge it, it's classed as a "Card Not Present" transaction.  Exactly the same as if you buy something online or over the phone.

There's theoretically nothing to stop them charging far more than you actually owe if they were less than scrupulous - at which point you'd raise a dispute with the card company.  But that's a different issue.

Carrot007

I never unserstand why they ask for your credit/debit card as it does open the fraud path.

They are not allowed to use it if you just leave so it does nothing for them.

They could take your driving license of something else you want that is not open to fraud.

This is just a stupid copy the americans thing (where it is probably still legal for anyone holding the card to use it as seen in many films).

born_again

The answer is simple. Just pay for each round as you buy it. Do not open a tab.

No way is my card being left with someone I don't know.

Shakin_Steve

born_again said:

The answer is simple. Just pay for each round as you buy it. Do not open a tab.

No way is my card being left with someone I don't know.

My feelings too.