Shopping bag checks
Shoplifting is a growing problem for retailers. It can impose great pressure on strained resources and finances. One method of countering this problem is to conduct checks of shopping bags. If you do this, you should be aware of your rights and responsibilities.
Store signs
Customer should know before entering a store that staff may inspect their bags, so display a sign prominently near the entrance to make them aware of this.
Here is an example of a suitable sign:
Dear shopper
It is a condition of entry that you present any bags for inspection by our staff before leaving the store.
Thank you.
If a shopper enters a store displaying such a sign, they imply that they consent to this condition of entry.
It doesn't make any difference whether they have seen the sign or read it or understood it. If the sign is where it can be seen clearly, the shopper is subject to the condition stated.
If you do not have such a sign, you cannot insist on searching someone's bag.
Searching bags
Although checking a shopper's bag is your right, it is in your best interests to do it in a way that does not offend.
Carry out checks with discretion and sensitivity, particularly when dealing with smaller bags such as personal handbags.
Customers should be asked to open their own bags. There should be no physical interference by you or your staff.
Where the view of the bag is obstructed by a large parcel, coat or any other item, you can ask the customer to remove the obstruction.
If a customer is not happy showing the contents of their bag in public, you should conduct the search out of the public view.
What if the customer refuses?
You are not permitted to use any force to search a customer's bag.
Customers who refuse to allow their bags to be checked can be asked to leave the store. You may refuse to sell them the goods they wished to buy.
If you have good reason to believe that a customer has committed an offence, you may detain them and call the police.
If you detain someone who has not stolen goods, they could take legal action against you. Therefore, be very confident that an offence occurred.