Sales of Goods Act and transfer of property

Hatfield House takes compliance with the Northern Ireland licensing laws seriously. In order to comply with those laws, particularly article 3 of the Licensing (Northern Ireland) Order 1996 (‘the Licensing Order’), the sale of a pint or pints as part of the Hatfield House’s draught beer delivery service (‘the service’) must take place and be completed at the licensed premises (Hatfield House), which are licensed for the sale by retail of intoxicating liquor, including beer, for consumption off the premises. Article 66 of the Licensing Order permits beer which has been sold at the licensed premises to be delivered to a customer. In order to clarify and ensure that the sale of any pints as part of the service is concluded at the licensed premises, before any pint or pints leave the licensed premises for delivery, any order of a pint through the service is undertaken on the following standard terms and conditions.

1. When the customer (‘the buyer’) orders a pint from ‘the seller’ (Cavanreagh Limited, the owner and licensee of Hatfield House), he 1 will be provided with a ‘delivery slot’ (a time period for the delivery of his pint).

2. Each delivery slot will form part of a ‘delivery run’, during the course of which the full contents of one keg of beer will be delivered to buyers who have ordered pints which are to be delivered from the same keg.

3. A delivery run will only commence once the full contents of the keg (‘the bulk’) have been pre-ordered and sold to customers seeking delivery through the service.

4. At the time of ordering, the buyer will be informed of the delivery run of which his delivery slot forms part. An identified keg of beer will have been pre-allocated by the seller to service that delivery run.

5. By being provided with his or her delivery slot at the time of order, the buyer accepts that the keg from which his pint will be poured – namely the keg which has been allocated and is to be used for the delivery run of which his delivery slot forms part – has been identified in the contract between himself and the seller.

6. At the time of ordering, the buyer will pay the full price for the pint or pints he is ordering.

7. Once the buyer’s order has been taken and he has been provided with his delivery slot (which relates to the allocated keg for the delivery run of which his delivery slot forms part), the buyer agrees that, pursuant to section 20A(1) and (2) of the Sale of Goods Act 1979 (‘the 1979 Act’):

a. property in an undivided share in the bulk (the beer in the pre-allocated keg) is transferred to him;

b. the buyer becomes an owner in common of the bulk (the beer in the pre- allocated keg); and

c. the sale of the beer to be poured as the buyer’s pint upon delivery has been completed.

8. It is accordingly agreed that, once sufficient orders have been taken to ensure sale of the full contents of the pre-allocated keg, so that the delivery run (of which the buyer’s delivery slot forms part) may take place, the seller no longer owns the beer in the keg (and reserves no right of disposal in respect of it) and that the property in beer in the pre-allocated keg has passed to the buyer (in such share as the quantity of goods paid for and due to the buyer out of the bulk bears to the quantity of goods in the bulk at that time), in common with other buyers whose delivery slot forms part of the delivery run to which the keg is allocated.

9. Pursuant to section 20B of the 1979 Act, the buyer who has become an owner in common of the contents of a keg allocated to a delivery run is deemed to have consented to:

a. any delivery of beer out of the allocated keg to any other owner in common of the bulk, being pints which have been ordered and bought by him under his contract with the seller; and

b. any dealing with or removal, delivery or disposal of beer out of the allocated keg by any other person who is an owner in common of the bulk in so far as the beer falls within that co-owner’s undivided share in the bulk at the time of the dealing, removal, delivery or disposal.

10. Notwithstanding the transfer of property at the time when the customer’s order is completed, the beer remains at the seller’s risk until it comes into the physical possession of the buyer by means of delivery to the order of the buyer.

11. For the avoidance of doubt, the seller retains ownership of the physical keg at all times, notwithstanding the transfer of property in the contents of the allocated keg to the buyers.

Other terms and conditions

12. There is a maximum order of eight pints per customer for each delivery slot

13. Sales and payment are only conducted by phone at the licensed premises on 028- 90438764. Payment in person is not permitted.

14. When the buyer places an order, he warrants and represents to the seller that he (and any person for whom he is purchasing a pint) is 18 years old or over. The seller operates the ‘Challenge 25’ system of age verification. When placing an order the customer will therefore be asked to confirm expressly that he, and any person for whom he is purchasing a pint, is 18 or over. The customer acknowledges that any person to whom a pint is being delivered may be asked to provide verification of their age if the seller’s driver considers they do not seem to be 25 years old or over; and that delivery may be refused if satisfactory age verification is not provided.

15. When the customer’s order is finalised on the phone, no further orders or purchases can be sought from the delivery van; nor any cancellation made or refund provided.

1 In these terms and conditions, reference to the masculine is to be taken to include also reference to the feminine.

Information and advice relating to the current public health situation

Please do not approach the van or delivery driver during delivery for your safety and the safety of our employees. Please also observe safe social distancing at this time for your safety and the safety of our employees; and take into account the Covid-19 situation and the related government directions and advice when using our service.

Further information and advice

Please note that the van driver does not carry money and is not permitted under licensing laws to provide additional drinks or to make further sales in addition to your pre-made telephone order.

Thank you for supporting a family business and our employees at this time.

Enjoy your pint and please drink responsibly.