The Auswine Forum

daz wrote:A rhetorical statement if ever one was because that is exactly what I do! Don't eat out much. So much for restauranteurs' business decisions Selling an average product at highly-inflated prices? Some Gold Coast realtors have been accused of fraudulent behaviour for doing just that.

Cheers

daz

Relevant statutory definition of fraud, NSW Crimes Act, 192G;

A person who dishonestly makes or publishes, or concurs in making or publishing, any statement (whether or not in writing) that is false or misleading in a material particular with the intention of:

(a) obtaining property belonging to another, or
(b) obtaining a financial advantage or causing a financial disadvantage,
is guilty of an offence.

This is punishable by up to 5 years imprisonment.

(b) would apply if it weren't that winelist prices are offers rather than misleading statements though it could be construed that the winelist price is represented as the true value of the wine which is rarely, if ever, the case.. Acceptance is up to the customer but I still reckon an 100% markup on rrp, particularly for mostly very ordinary wines, verges on fraud.

cheers

daz wrote:(b) would apply if it weren't that winelist prices are offers rather than misleading statements though it could be construed that the winelist price is represented as the true value of the wine which is rarely, if ever, the case.. Acceptance is up to the customer but I still reckon an 100% markup on rrp, particularly for mostly very ordinary wines, verges on fraud.

cheers

A false statement can be oral or written, and the question is whether what it is intended to convey is knowlingly false or misleading, and whether it is intended to get you to part with your money.

However, I agree a price beside a wine in itself could not possibly be misleading or false, it's just what it is going to cost you.

A recommendation with explanation could be, however I think on the whole it would just be considered "mere puffery", which you could take or leave.

On the other hand, claiming a wine is Grange and filling the bottle with Bin 128 definitely would qualify!

A wine list by a sommelier is like a diary...an intimate look at the kind of person they are and where their priorities are in life. It's easy to spot the bean counters who have extraordinary markups on the most popular or sought-after wines of the day, but don't really care about the wine. And it's really easy to spot the clueless ones who rely on their local distributor for their wine list or respond to a question about a wine with "A lot of people get it". I enjoy having a conversation with the sommeliers who know what their doing and will compare their recommendations with any that I spot that interest me. About half the time I go with their recommendation for a couple of reasons:
1. They know the food/wine pairings better than i do, particularly when I'm with a group that is ordering across the food spectrum.
2. The best ones take great pride in their recommendations and will bring you a glass or bottle of something different if you don't like the one they selected.

If I'm going to a great restaurant or out for a special occasion, I'll check the wine list online or call the restaurant and have it emailed to me so I can come in with some ideas for wines I've not had before. Then I know whether I'll bother to talk to the sommelier or not.

We are part owners of a successful wine bar in the Washington, DC area and one of the best things I like about it is that the wait staff was recruited for the most part from the wine trade...retail, wholesale, or importers. They sample many of the wines and are briefed daily on the flights being offered. As a result, I will frequently let them decide what to serve us. Experience and perspective shine through.