Service charges and the law

A question about : Service charges and the law

My boyfriend and I recently went into a restaurant which was participating in the Taste card 50% off your food bill promotion, which we checked before sitting down for our meal.

When we got the bill the 50% had been taken off for food (Ј21.50) and Ј5 had been added for our drinks, taking the total to Ј26.50. The restaurant had then added Ј7.50 service charge making the total Ј34. We thought charging us this much service charge on effectively a Ј26.50 bill was excessive so we paid Ј30 and prepared to leave.

However, the waiter and the manager then stood in front of the door and said we weren't allowed to leave until we had paid the service charge (we were the only customers in the restaurant). We said that service charge is discretionary (and the menu just stated service not included) and they said that either we pay all the service charge, or we can't have the 50% off from taste london.

We tried reasoning which then which was fruitless, so we phoned the police. An officer was on his way when we made a dart for the door and managed to get away though not before they tried to take photos of us in the street.

I was upset by this as I was sure service charges were optional - nowhere did it state the amount. What is the law on this?
Many thanks in advance.

Best answers:

• I'm pretty sure they are optional.
• I'm fairly sure it is optional too, not sure how interesting Trading Standards would be.
  I'd report it to the Tastecard scheme that they are holding you to ransom to pay extra. Might cost them a few diners if Taste pull them from the website and nobody seems they are in the scheme
• Shocking. If I were you I'd name and shame the restaurant on here. We face this too quite often in London. It usually says on the menu a ''discretionary'' or ''optional'' 12.5% service charge will be added to your bill which obv means you can choose not to pay it. But the restaurants will waffle about and say all sorts of things to insist you pay it. I then bring out my phone, google ''discretionary'' and show them that it means I have the freaking choice !
  I only do this when they add the service charge to the original bill before the discount - which effectively makes it a 25% service charge. I've never had anyone refuse point blank to take it off though so I'm sorry to hear about your case. In my case they take it off and moan and grumble and mutter under their breaths (which is fine by me)!
  I think it'd help if we started a Taste Card thread with the names of restaurants that charge the SC on the original figure and those that take off the 50% and then apply it - as it should be. Thoughts?
  I can start with a few London ones..
  - The Thai Restaurant, Fulham - On Full Bill = Bad
  - Walmer Castle, Notting Hill - On discounted Bill = Fab
  - Antonia's - On Full Bill = Bad
  - Delima - On discounted Bill = Fab
  - Miss Q's - On Full Bill = Bad
  - Royal China, Putney - On Full Bill = Bad (REALLY snarky about taking it off. Dirty looks like you cannot imagine!)
  - Thai Square, Putney - On Full Bill = Bad
  - Zen China - On Full Bill = Bad
  - Dalchini Hakka - On Full Bill = Bad
  - Satori Robata - No SC = Gotta love them
  - Haozhan - On Full Bill = Bad
  Have lots more but only if people are actually interested to know. Don't want to bore people to tears
• The service charge is discretionary, and you can also refuse to pay a restaurant bill if it was really so bad, as long as you offer to pay what you believe is reasonable and leave your contact details.
  I've noticed that some Groupon deals specifically state that service charges of the full cost of the meal will be applied, and that this is not discretionary. IMHO, as long as you are made aware at the start, this seems reasonable.
• Thanks for all your replies.
  The restaurant was a lebanease restaurant in Harriet Street, Knightsbridge just down the road from Harrods and Harvey Nics......
  I contacted Taste, who where very apologetic and said they are putting the restaurant on a months 'trial' to see if anyone else complains and they are going to put on their site about the 15% charge on the full bill that must be paid. They said they couldn't remove the restaurant straight away as they had to be impartial and the restaurant claims a very different story...... I was hoping they would to be honest, but searching on the site tonight I can't see the restaurant on the taste site anymore anyway.
  I did contact trading standards though (thanks mynameisdave!) who said they are going to investigate it as 'unfair business practice is a criminal offence' so fingers crossed!
  And I think a Taste card thread would be a really good idea - if you start it sheer_vanilla I'll add to it!
• That must be Beit Eddine? We nearly went there a couple of weeks ago to try it out but then ended up at Laya Lina. Anyway glad to know Taste Card were good about it. I've started the thread (in the same board) so do please add to it as and when. Makes life easier being forewarned!
• I am not sure whether this charge is optional.I need to look into this. We went to a chinese restaurant in Manchester China Town last Month & paid about Ј7 service charge. I paid it as it was largely advertised on the front door ' a Service charge will be added'.
  I have also experienced this service charge on several night outs with colleagues for a chinese meal.
  However last year I went to a chinese restaurant in London China Town and I was charged a service charge of about Ј6. I did not realise this until I got home. I wrote to them saying I was not made aware that there will be service charge and they refunded me by cheque.
  This practice seem to be popular in chineese restaurant.
• sheer_vanilla - you had a very lucky escape!!!
  If a service charge is mandatory it has to be advertised as mandatory and the amount to be added stated. I think if it is mandatory it is often advertised as a cover charge rather than a service charge.
  Otherwise there is nothing to stop them charging 100% and forcing you to pay it! If the bill just says service not included, then it isn't mandatory to pay it as a) it doesn't say it's a mandatory charge and b) it doesn't say how much.
• I'm just looking at a groupon restaurant deal that i'm thinking of buying as a gift for a friend's birthday.
  Before i buy,- i just want to clarify something.
  All it says re service charge is that it is not included. Doesn't say what it is either.
  Does this mean that it will be automatically added on to my bill, and on the full cost of the meal,- or does it mean that the service charge is at my discretion?
  TIA, i'm getting myself confused about this whole service charge/gratuties thing.
• It just means that the groupon deal doesn't cover service charges.
  To find out definitively whether or not it's mandatory to pay service charges you need to contact the restaurant.
• Surreystarlet, your experience is very similar to what I suffered at Cafe Mode in Endell Street.
  Where did you go?
  I've written about how awful Cafe Mode is in greater length on sheer_vanilla's follow-up forum. The food was terrible, in fact they lied on the menu because it was not what I was given! Also, the lighting was flickering throughout and the place was noisy and crampt and the waiters were terrible - I had to reorder several items that were forgotten (it was not busy). I was also sick later that evening from the seafood, too. All in, a miserable experience.
  We used our TasteCard and they added 12.5% to the pre-discount bill which was quite high due to expensive drinks. I asked, three times, for them to take it off but the rude staff presented me with the terminal each time with the same amount. A second waiter came and did the same thing and he said that I could either pay this service charge with the TasteCard discount or pay the 'full' cost (The uncomfortable cesspit charged Ј14 for disgusting dried vacuum-packed spaghetti, gone-off minute prawns and squid cartilage as well as Ј6.50 for 5 doughballs) without the service charge. Little sensible resolution possible. I understand it is illegal to attempt to force a mantatory service charge on customers without mentioning it on the menu. It seems to be a paradox of substandard restaurants that they insist on an extra service charge for their shodiness.
  Rendered helpless but furious, in the end I acquiesced because I had
  no cash on me and still hope to claim it back via a dispute form sent to me by Amex. This might take a while, however, but I'll write an update if there is a positive outcome.
  Needless to say, I'll never go to Cafe Mode again but it will give me a story to tell about customer service and reinforces my belief that there are many more dreadful restaurants in Soho, even being endorsed by TasteCard can in any way be seen as a recommendation.
  Incidentally, I called TasteCard about this and was told that they would call the manager of the restaurant. I'm not sure if they have done but will take their word for it. Unfortunately, I do not expect this establishment (Cafe Mode) to change an iota.
• Oh. I've just seen your reply to my post on the other thread Surreystarlet. You can largely ignore the above. Cafe Mode are still terrible, though. Please don't forget that bit!
• Don't worry lyster - I won't be visiting cafe mode in a hurry either!
  The waiter and manager in Beit Eddine were completely unreasonable - the waiter tutted when I asked for a glass of tap water to drink as well (which always irks me!) and didn't even display a drinks menu!!
  At least Beit Eddine have lost a couple of customers (I hope!) already from me posting on here, as will Cafe Mode as well as I for one certainly won't be visiting there!
  Keep us posted on how you get on claiming it back... At least you weren't held hostage and had some large bloke restraining you stopping you leaving.........
• have you all posted reviews on Trip Advisor website? It's very well used so a great way of getting the message across and helping other peole to avoid same situation.
  Of course it's also a great way of sharing good experiences too
• I've become a bit of a regular at a Strada and Pizza Express restaurant and spend my Tesco vouchers there, the service is good and I tip at least 10% on the bill before deduction of the value of tesco vouchers, I've noticed the waiting staff now recognise me and the service is even better.