), the Court had to decide whether Boots had committed an offence under s.18 Pharmacy and Poisons Act 1933 in failing to sell certain drugs under the supervision of a registered pharmacist. Boots had introduced a self-service scheme into one of its shops, so that customers were able to pick up these products from the shelves and place them in their baskets. There was no direct supervision at this stage by a registered pharmacist. Customers then proceeded to the cash desks where a cashier scrutinised the articles selected by the customer, assessed the value and accepted payment. A registered pharmacist was present to supervise this stage, and was authorised to prevent transactions if necessary.
The Court said that no offence had been committed by Boots. The presence of the goods on the shelves was not an offer and so the act of placing the articles in their baskets was not an acceptance on the part of the customers. Instead, customers made the offer to buy the goods upon presenting them at the cash desk, where the cashier was at liberty to accept or refuse the customer’s offer. The sale therefore took place under the supervision of a registered pharmacist as required under the Act.