Q I remember an article of yours that said people aged under 18 are banned from selling drink. But I see several youngsters working in supermarkets and off-licences and they are selling wines and spirits all the time. Have they got special treatment? A There is currently a difference between the law's treatment of young people working in pubs and those working in off-licensed premises. Since 1988 the Licensing Act has allowed young people under 18 to work under supervision in off-licences and at supermarket checkouts. This is because the current prohibition on employment applies only to a "bar" and not to other places where liquoris sold or supplied for consumption off the premises. This distinction is to be removed when the new licensing lawstake effect, but it may not be of much practical help to pub operators. The important point is the supervision element. It is not good enough for the licensee to leave a young person at the cash register and go upstairs or out of the shop. Each sale by a person under 18 must be "specifically approved", either by the licence-holder or a person over 18 acting on his behalf. This is where leaving an under-18 to run a bar will not bepossible in the future. Most supermarkets now follow a set procedure, whereby the manager or checkout supervisor watches the ringing up of intoxicating liquor when summoned to do so by the under-18 employee. However, there may still be some confusion among the holders of licences for family corner shops and the like as to how much responsibility they can give to their own children under 18. Clean glasses every time? Q In discussion with one of my customers who is a former environmental health officer, the question was raised as to whether we need to supply a clean glass for each drink. Is there any law on this subject and could we be prosecuted if, for example, we re-filled a regular customer's glass at his own request? A Beer is a food, so it is important to know that food legislation and in particular the Food Safety Act 1990 applies to the way it is served. A strict reading of the previous regulations made under this Act might suggest that all "open food" must be contained in a glass or container which is "clean". Thus, each purchase of a pint of beer ought to be presented in a clean glass. However, the more recent regulations do allow for the discretion ofenvironmental health inspectors in relation to the nature and use of the container, and the re-filling of a customer's glass with the same type of drink would not, in my view, render the licensee liable to direct prosecution. However, if inspectors did insist on the use of cleanglasses for each drink, then this would be within their powers under the regulations and would constitute recommended practice for the drinks trade. Boats will need licence Q Is it true that river pleasure cruisers which I understand are currently exempt from licensing, will need to have a licence under the new Licensing Act? A Yes it is. The local authority where the pleasure cruisers are normally berthed will be responsible for issuing a form of "premises licence" for the boat if it is intended to serve alcohol on board or provide entertainment. Obviously, safety considerations for passengers will already have been covered under the vessel's own licence, but the Government, in its wisdom, has decided that wherever alcohol is sold, a licence must be obtained. The current position is that as long as the boat is "intransit", neither the licensing laws nor the permitted hours will apply to sales of alcohol on board.
