Not Allowing Bags Into a Store

If a retailer decides to let a customer take a bag into their store, it should be a condition of entering that the customer must allow the bag(s) to be inspected by staff on leaving the store.

If a retailer has a policy of refusing to allow customers’ bags into a store, the customer should be informed of the policy by means of a sign “It is a policy of this store, that bags are not allowed”.  What the customer does with the bag is their business!  (Not the best approach to customer service and quite frankly you deserve every woman in Australia to boycott your store!)

Because Shopstealing is a major problem for retailers of all sizes, many – in an attempt to reduce the problem – display a sign advising customers they must show the contents of their bag(s) to a store staff member if requested to do so.

Shop premises are private property and a relationship arises between a customer and a store owner whenever a customer enters a store.  This relationship may be described as a licence; that is an authority to enter the premises for the purposes of inspecting goods and making offers to purchase certain goods if desired.  This licence can be made subject to certain conditions by a store owner, but those conditions must be brought to the customer’s attention in a clear and proper manner before entering the store.  This is normally done in the form of a notice.

Notice

• A notice must make it clear that the requirements specified form a condition of entry to the store.
• The conditions specified must be adequately drawn to the attention of the customer.  The test is whether a “reasonable” customer would have seen the notice.  If a customer has used the store previously, it may be assumed that he or she has seen the notice.  However, the form of notice which is sufficient may vary from store to store.  For example, a store in an area with a high migrant population, may find it necessary to put the sign in a number of languages before a court of law would be prepared to say “sufficient”  notice had been given to that class of customer.
• A notice must be brought to the customer’s attention before he or she enters the store.
• The scope of the condition must be broad enough to cover what the retailer seeks to enforce.  For example, a notice relating to handbags may not cover purses.

If a retailer displays a bag inspection sign and the customer refuses to allow their bag(s) to be checked, the store owner:

• May sue for breach of condition of entry.  This is highly impractical and an unlikely remedy.
• May simply withdraw the request to inspect, let the matter lapse and process the sale.
• May refuse to sell the goods to the customer.  A store owner is under no obligation to sell goods to anyone.  It is the customer who makes the offer of a contract of sale – the retailer is not obliged to accept.
• May terminate the licence granted to the customer and request him or her to leave the store immediately, ie a store is private property and not a public place.  If the customer does not leave within a reasonable time he or she becomes a trespasser and the police could be called in.
• Would not be entitled to detain the customer against his/her will.  In other words, unless the store owner is prepared to arrest the customer, then the customer is free to leave the premises.
• The store owner is not entitled to force a search of a bag or bags.  If he/she does, the customer may sue for assault and/or battery, for which substantial damages can be awarded, not only for physical injury but also in respect of the insult, mental suffering and humiliation that may be caused.

Remember:

If a customer refuses to allow their bag(s) to be inspected, DO NOT demand an inspection.  Explain the store’s policy politely and ask again to inspect their bag(s).  If they still refuse, you have the option to either demand they leave the store (without selling them the goods) or process the sale in the normal manner.