illegal under-age stings
by Ewan Turney
Licensing solicitor Tom Henry has warned licensees that some sting operations are being carried out illegally and urged them to note down every detail if they feel that they have been unfairly treated.
The warning came after one of Henry's clients was caught out by Kent Trading Standards officers who he claimed had "total ignorance" of licensing laws and the code by which test purchasing must be carried out.
Under the police code of practice for test purchases, two officers must be present, the youngster being used to make the purchase must be at least 18 months younger than the legal drinking age and if asked how old they are, must tell the truth. If service is refused, no further operations can be carried out at the same venue that night.
Henry said that two Trading Standards officers unfairly pressurised a member of bar staff to serve an under-age drinker and that the boy lied twice when asked about his age. "The officers, sitting in the pub shouted out go on serve him he's all right' after he had told her he had left his passport at home," said Henry. "In a moment of panic, she served the boy and the officers charged the licensee."
However, the charges were dropped because procedures had not been followed. "They (Trading Standards) did not even know what a BII qualification was," said Henry. "They had total ignorance of licensing issues."
He added: "If you feel you have been wrongly treated, then you must write down detailed notes including any customers who witnessed the incident.
"These campaigns will be happening more and more. The easiest way to avoid getting caught is to challenge all those under-21 for ID. To show due diligence you must train staff and keep a refusals register "
Test purchasing code of practice
Two officers Trading Standards or police must be present.
The officers will enter the pub, order a drink and sit down somewhere.
The youngster used must be at least 18 months younger than 18.
The youngster will enter and usually order a bottle of Becks, Bud or alcopop.
If asked their age, they are not allowed to lie.
If service is refused, the operation is at an end.
A premises can't be targeted more than once in a day.