Some years ago I was touring a large factory with a health and safety advisor. Contrary to my initial thoughts (boring, boring) he turned out to be one of the best communicators I have ever met.
Every time I think of him, I remember the famous Buster Keaton film where the whole side of a barn falls on top of him — but he is standing at the exact spot where the upper window is. Keaton did the stunt himself, not surprisingly, and clearly knew what he was doing. It's a salutory lesson for the licensed trade.
There a tendency for this industry to breathe a sigh of relief at a "near miss" and then forget about it. But a near miss is an accident that did not have a bad effect. It is not to be ignored.
Although this advice applies to health and safety issues, it is also relevant to the vexed question of under-age sales, which is much in the news at the moment.
There continue to be stories of licensees being hauled up for licence reviews on the basis of one or two under-age stings. The result can be suspension or even revocation of the licence.
What needs to be shown above all in these situations is "due diligence". But it is far better if that is shown in a tangible form, rather than merely a protestation at the hearing by the licensee or designated premises supervisor.
For many years I have advised that every pub and bar keeps an incident book in which refusals to serve are logged. It is obviously preferable if the incident is recorded at the time, but on a busy evening it may be necessary to do it after the shift. Staff should be reminded about it, and asked as a matter of course whether there have been any issues or refusals.
The log should also show where possible the sex and probable age of the attempted buyer and whether they showed false or fake ID (ie, someone else's or a computer mock-up). These details, though tedious, are of vital importance in underlining the diligence of the licensee when it comes to a challenge to the licence.
If a book (and I prefer a book, not a loose-leaf, which can suggest subsequent changes/additions) is not possible, then I have been told that some tills make it possible to programme a key to log a time of refusal and the member of staff involved.
A print-out from this, showing a regular pattern of refusals, will go some way to demonstrating that under-age sales are not ignored or allowed, and that a monitoring system is in place.
I am firmly of the view that the licensed trade must not allow under-age sales to become an "absolute offence" so that the police and local councils take the view that even one proven sale should jeopardise the licence. The circumstances of the sale and the approach taken by the licensee also ought to be taken into account.
If it is down to the individual member of staff, so be it. On-the-spot fines are available. A review of the licence is only warranted if the sale or sales suggest lax management or a willingness to turn a blind eye.
But the issue should be at the forefront of all staff meetings, and re-visited every week, if need be. Staff should be encouraged to share experiences of attempted purchase, and also to indicate if they think that under-age groups or individuals are using the premises along with over-18s. That level of awareness makes it slightly more difficult for the licensing authority to claim a lack of diligence.
Don't let the barn door hit you.