Under 18s can serve behind the bar

Under-18s can serve behind the bar under the new Licensing Act - but every sale has to be approved by a "responsible person".

The Department for Culture, Media and Sport (DCMS) confirmed the policy in a recent letter to Oxford-based solicitors Darby's.

Under the previous licensing regime, 16 and 17-year-olds were only allowed to serve if on an apprenticeship scheme.

But the letter states: "In short, a person under 18 can sell alcohol but every sale has to be approved by the holder of a premises licence, the designated premises supervisor or any individual aged 18 or over who is authorised by such a holder or supervisor."

However, under the Act, if a "responsible person" knowingly allows an under-18 to make a sale which has not been approved by them or another "responsible person", they are liable to a fine of up to £200.

Martin Rawlings, director of pub and leisure at the British Beer & Pub Association, said there had been confusion over the issue. "People can go out to work at 16, so why can't they serve behind a bar?" he said.

However David Clifton, a partner at legal firm Joelson Wilson, said: "I would urge any licensee to exercise extreme caution because the whole issue is seriously fraught with practical difficulties. Anyone seriously considering allowing this should take specialist legal advice."

One licensee who was confused by the issue but did not wish to be named, said: "I thought you had to be 18 to serve behind a bar. It seems strange that you have to be 18 to buy drink in a pub, but you don't have to be to sell it."