Q: I run a retail shop in a small rural centre. Recently, my margin of profit is down and my inventory doesn’t match up. I think I’ve been hit by theft. Is there anything I can do?
A: Tough one. Certainly, catching the culprits and reporting them to the police is the most direct way of addressing this problem. While that can be awkward in a small town where everybody knows each other, it is necessary.
In 2003 in the United States, a survey of retailers reported losses from a variety of sources including outright theft, employee theft and fraud by suppliers and customers. The total lost in the U.S. was more than $33 billion. Shoplifting, which is a polite word for stealing, accounted for one third of these losses.
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So, what can a retailer do? Train staff in loss prevention and show them what to watch for. The scruffy stranger may not be the person to watch. It might be the nice older person who is in your store four times a week. Try to keep the store clean and uncluttered and keep shelves low so staff can see the shoppers. Thieves will always look around to see if anyone’s watching; lower shelves and a lack of obstructions will make them think twice if they believe they are being observed.
Analyze the losses to see if they are from particular types of product, then move those products closer to the till.
Consider installing a video surveillance system, be it cameras or mirrors. Again, it’s a deterrent. These systems can be expensive but prices have dropped somewhat, and if your losses are significant, it may be worth it. Sometimes even a dummy camera, that’s not really doing anything but looks good, can deter thieves.
If youths are suspected as responsible, talk to the school. Some have rules preventing kids from being off the grounds during school hours, so they might be able to help reduce high-risk traffic during the day.
I’m often asked whether a person can arrest someone they catch stealing. A person can make an arrest as a citizen but be careful. The thief may have a weapon, or may be under the influence of an illicit substance or may be desperate.
The second reason to be careful is that there are limits on an ordinary citizen’s powers of arrest. A person cannot use force except a reasonable amount to detain the person pending the arrival of the police. Even if the citizen is angry, he cannot start beating the alleged thief. People who exceed these limits can be liable for assault.
Finally, if there is a local newspaper, try to have it print a story about the store’s new anti-theft measures.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
