Licensing@aol.com ...legal expert Peter Coulson

Young waitresses poser​

QCan my 16-year-old waitress take orders and serve drinks at tables in the bar area or anywhere in the premises if the patrons are not eating? And if they are eating in the bar area, can she serve them? Can she also dispense drinks and serve patrons coming up to the bar if she gets the "nod" from an older member of staff?

AGreat care has to be taken in employing staff under 18 for drinks service of any kind, but it is possible to steer a course through the new laws.

Basically, the ban on employment of those under 18 in the bar area has been lifted, as has the ban on them actually selling alcohol. However, any sale of alcohol by them must be specifically approved by an adult member of staff. So there are several legal options for under-18 waiting staff:

l they can sell alcohol direct to diners in a restaurant area set apart for meals, in other words, take an order for drinks and fulfil it themselves behind the bar.

l they can sell alcohol direct to diners in the bar area, but they must either give that order to an adult bar person, or receive specific approval to pour the drinks at the time.

l in either case they can take drinks back to the table and take the money or put it on the bill.

l they can serve behind the bar, but only if every sale to an individual is approved by an adult member of staff.

So, with careful training and rules, it is possible for younger staff members to operate successfully in licensed premises.

Cash and carry quandary

QOur local cash and carry now insists on us filling in a form with a description of our business before they will issue us with an entrance card. Some other places are advertising outside with cut-price offers to the public on crates of beer, cases of wine etc. Are they outside the licensing system?

ANo, they are not, and it may be that they have not yet realised the change in the law on wholesaling (or the local police have not got round to them yet).

Put simply, the wholesale exemption for sales by the case has gone. It has been replaced in the new Licensing Act by a definition of the people that you can sell to without a licence, if you are a wholesaler.

Formerly, as long as you restricted sales to larger quantities (one case of wine or two cases of beer was the normal rule of thumb) you could sell to anyone without a justices' licence.

Now, sales without a licence may only be made to traders such as licensees, off-licences, clubs and other retail premises, or people using premises for a temporary event.

So legitimate cash and carries are insisting on a status check before they will sell.

Does a third measure up?

QI have recently seen a suggestion about serving beers in one third of a pint. I thought the only measure now allowed was multiples of half a pint. Am I right?

AYou are not. It is still legal under the 1988 Weights and Measures (Intoxicating Liquor) Order. The quantities allowed for draught beer and cider are one third of a pint, one half a pint or multiples of a half a pint.

Following my appeal for information a couple of years ago, I find that it is still possible to obtain Government-stamped glasses of one third of a pint, suitable for tasting or very strong draught beers, but obviously use of the measure is not widespread.