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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69365
Experience:  Over 5 years in practice
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Following an incident at the weekend, which was resolved

Customer Question

following an incident at the weekend, which was resolved satisfactorily, can a Senior Manager now decide that they want to take the matter further and involve the police?
Incident was a family attending a bowling event and the Terms of booking changed but the staff, 2 of them, agreed to stay open until 10 p.m. We bought many drinks to cover the time as everything closed. Unfortunately, a couple of persons, went behind a counter and took some more drinks, without paying. There was NO staff about to supervise and all the lights, with the exception of the lights where we were bowling had been switched off and their was no staff supervision some of the time. The persons took several drinks, dropping one and a bottle smashed on the floor. The member of staff in charge, checked CCTV and saw the incident happen. We gladly watched the incident on playback and apologised profusely and offered to pay along with rescinding the remainder of games that were owing as they needed to close. The staff member was very accommodating and dealt with it professionally. He accepted apologies as it was evident boys were being silly and their was no trouble, backlash or retaliation. We offered to pay more than what was required, which the staff member took a payment and agreed the matter dealt with and shook on it with everyone and the 2 persons personally thanked him. The following day, Sunday, call was received to say from the Staff Member that on inspection, it was noticed the 2 persons had gone behind more than once for drinks and that the question was asked was it more than once which they were informed no. I commented that I was not asked this question and thought it unfair to consider taking the matter further when it had all been dealt with and agreed. The staff member commented that the Line Manager was considering taking further action and involving the police and to possibly expect a call. I was asked if I would provide the names of the 2 persons from the incident which I kindly refused and commented that I could not give their names without their permission and did not feel that in providing that information it would achieve anything.
No calls had been received until today, Wednesday at 11.20, 4 days after the incident, which was dealt with and agreed. If this matter progresses, would it entail a caution from the Police, would I have to provide names and as explained to the staff member, it could ruin a person's career in an armed service in which they have applied and been accepted.
Submitted: 3 months ago.
Category: Law
Expert:  Jo C. replied 3 months ago.

Is there any reason you think they may not be able to ?

Customer: replied 3 months ago.
Don't understand the response? If you are referring to them taking further action, I base it on the assumption the staff member dealt with the matter, shook hands in agreement, said it had been dealt with and accepted payment for the drinks? The answer doesn't help me in the slightest irrespective whether it's an answer I want to see or not! Thanks
Expert:  Jo C. replied 3 months ago.

I'm not sure what I can tell you really.

The fact that you may feel the matter was settled does not mean they cannot make a report to the police.

Expert:  Jo C. replied 3 months ago.

There is no defence in saying that the matter was settled in your view.

They are free to make an allegation of crime.

Expert:  Jo C. replied 3 months ago.

Actually the fact of the matter being 'settled' is a disadvantage as they will be saying it amounts to an admission.

Customer: replied 3 months ago.
Furthermore, I am also asking in the question, if I am asked to give the details of the 2 persons who caused the incident, am I within my rights to refuse this information other than if the actual Police came to my dwelling?
Expert:  Jo C. replied 3 months ago.

If people took drinks without paying then that is theft. An apology is no defence.

If the police come to your property then they will make arrests.

It is not a good idea to leave it until that point.

They will find the persons responsible in the end.

Expert:  Jo C. replied 3 months ago.

It is always better to surrender voluntarily than wait to be arrested.

Customer: replied 3 months ago.
I don't feel that has answered what I have enquired about or is it basically, it's irrespective that the matter was dealt with on the night and that several days have lapsed. If someone in a higher position wants to take it further then they can. My understanding is a Gentleman's agreement is binding along with accepting the apology for the silliness and also payment for the drinks?
Expert:  Jo C. replied 3 months ago.

Ok. Good luck.

Expert:  Jo C. replied 3 months ago.

Your understanding is incorrect but I'm afraid that I will not be able to help further if you are displeased.

All the best.

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