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| November 02, 2007 | COPYRIGHT 2007 Financial Times Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

(From Off Licence News)

Q Recently a customer entered the shop who was clearly plastered. A younger assistant was about to sell him some whisky when I intervened and told the man we could not serve him. After the predictable abuse and protestations of sobriety, the man drove off in his car. I know I did the right thing by refusing the sale, but could the police actually take action against me for failing to stop him driving away? A Your story sounds broadly similar to a case in Wales recently in which staff at Bargain Booze in Connah's Quay refused to serve a 47-year-old man who, it later turned out, was four times over the alcohol limit for driving.

The man left the shop and made a 500-metre car journey back to his house. The staff in the shop were obviously horrified and called the police as the man drove off. He was later jailed for three months and banned from driving for three years.

It is an offence, as you probably realise, to knowingly sell alcohol to intoxicated customers and it is likely that police will attempt to clamp down on this in the near future. How they will achieve this in the off-trade is anyone's guess - the mind boggles at the way test purchasing might be adapted.

As for being held responsible for the drunk driving off in his car, you could find yourself in trouble if it was proved that you knowingly sold him alcohol and also realised that he was intending to drive. This might be information that affected the severity of your penalty, but as far as we can tell you would not have committed a separate offence.

Common sense suggests that it's a good idea to try to stop an ...

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