No ban on under-18 club membership

There appears to be a story going round certain parts of the club trade that under the new law you will have to change all club rules to prohibit young people under 18 being members, if you have a bar.

This is certainly not true.

Existing registered members' clubs will acquire what is known as a "club premises certificate" under the new system, but they will be brought much closer (in terms of their legal obligations) to licensed premises.

Among the things that will change for them is a tightening of the restrictions on young people and alcohol.

But restricting membership is not part of the new Act.

Pubs and clubs will face more or less the same conditions when it comes to access of youngsters and the supply of alcohol.

Currently it is not technically illegal for someone under 18 either to be supplied with alcohol (if they are a member or legitimate visitor) or to consume alcohol in a members' club.

In many cases the police (or the magistrates) have insisted on a change in rules to outlaw consumption, which then binds the club.

But they have no authority to do this and it has been successfully challenged on appeal.

Under the 2003 Act, however, both the club and the supplying bar staff commit an offence if alcohol is supplied to anyone under 18 in a members' club, or if young persons under 18 (with one particular exception) are allowed to consume alcohol anywhere on club premises.

This applies both to under-18 visitors and to under-18 members.

Rather patronisingly, all such young persons are described as "children" in the new Act ­ at least the Gaming Bill makes a distinction and calls them "young persons".

But membership is not affected.

Youngsters can still legitimately become members of a sports and social club, for example, and participate in activities, become members of teams and join their team-mates in the bar after the match.

But when the law changes, their welcome pint of lager or shandy will be illegal ­ the club faces a fine of up to £5,000 and the drinkers themselves can be fined up to £1,000 (but they never are).

To foist this new restriction on social clubs is regarded by many as completely unnecessary, but the mood of the moment is fully against young people drinking, in whatever context.

It is just unlucky that the law has been changed at this particular time.