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More legal protection for restaurants?

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The issue of customers making off without payment is an ongoing problem and one that causes a great deal of angst and confusion.

I was contacted by a Caterer reader this week keen to publicise his case, after the police and the Crown Prosecution Service refused to proceed with his complaint against a customer who refused to pay for a meal for eight.

The customer in question admitted that the food and drink his party consumed was great, but refused to pay because some of the dips from the starters and some of the empty glasses had been left on the table.

After he was challenged, the customer said "he knew the law and knew the police would do nothing".

Some lengthy to-ing and fro-ing with various police officers ensued, but the net result has been no action against the customer.

In his letter to the head of the CPS, the Caterer reader asked: "Is it fair that a driver leaving a petrol station without paying - perhaps £50 - is committing a crime and will be prosecuted, but a man consuming £200 worth of food and drink who decides not to pay any part of the meal can walk away with no fear of prosecution?"

Which seems like a valid question to me. What do you think? Does the law need to be strengthened? Let us know.

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Comments (3)

Dudley Seale :

This is getting to be a familiar story. I was told of a police force that will not attend a theft or similar if the amount is below £75. What a difference to the 70's. I had a runner at a resturant in Cardiff. When he was brought before the court he was made to empty his pockets. The cash he had was taken to pay the bill. He was then fined. If someone consumes food or drink and will not pay it is theft. Yes the industry needs to be protected and the laws are there, its if the CPS and the police will carry them out.

Thanks for your comments Dudley.

In terms of the law, there seems to be a grey area in between what constitutes a refusal to pay (legal) and making off without payment (illegal).

What should the law be?

Jayne :

We have had a few runners particularly now with the smoking ban as sometimes you cannot differentiate in a busy place when someone has actually gone out for a cigarette or is actually running off without paying. I wanted to know what the legal stance is on taking their credit card and keeping it behind the bar. Is there anyone else who has had a good idea please let me know

Thankyou