Shoppers have been warned that eating food before paying at the checkout is illegal under UK law. The offence falls under the 1968 Theft Act, which covers the 'intention of permanently depriving the other of it [an item]'. Even if the intention is to pay later, consuming the product before purchase constitutes theft.
The law, found in Section six of the act, states that a person is regarded as having the intention of permanently depriving the owner if they treat the item as their own, regardless of the owner's rights. This means that opening a packet of crisps or drinking a bottle of water before reaching the till is technically a criminal offence.
Rachel Adamson, a criminal lawyer, explained: 'Only when that sale is complete do you have the legal right to consume or use it. If you eat the chocolate before you legally own it, you are permanently depriving the owner of his right to the product.'
The offence is triable and can result in a penalty of up to seven years in prison and/or an unlimited fine, according to the Crown Prosecution Service. However, it is largely down to individual store management whether preliminary snacking is treated as an offence.
One mother told the Liverpool Echo: 'Listen, if my child is screaming for a cooked chicken leg or cocktail sausage… whilst shopping…. I'm breaking the law!' Another shopper defended the habit, saying they had 'done a crate of ale [whilst] walking round. Still scanned it and paid, gave the security guard a tip'.
