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Rules on young workers

QDue to the drop in trade following the introduction of the smoking ban, we want to employ our 16-year-old daughter in the bar. We have been told that as long as the DPS (myself) approves this, she can work there. Is this correct? I want to stay on the right side of the law. Also, can she drink alcohol there?

A She is allowed to work in the bar, but the legal position is slightly more complicated than you have been told. She can do everything, including serving alcohol, but each and every sale must be approved by a member of staff aged over 18, in the same way as in supermarkets.

This means that you, as the DPS, cannot give her a blanket approval for a session: you have to be present each time she makes a sale. I don't know whether this would

create problems. But she must never make a sale on her own without the presence of a staff member aged over 18 years.

As far as drinking alcohol is concerned, she is also subject to the general law and cannot drink alcohol in the bar except with a meal, and then only wine, beer or cider that has been bought by an adult. She also has to be in the company of an adult when she consumes it.

Beer-tasting dilemma

QWe want to run a tasting of speciality beers to go with food and wonder if we can sell overall tickets to the event that include samples of the beers in question. We are initially going to use draught beer. We are concerned that we will not be serving the beers in a full pint or half measure, but a sample to taste with the dish. Is this legal?

AThe legal position is that if the cost of the beer is bundled into the food, there is still a technical sale of that beer, by virtue of the ticket or overall payment. The fact that it is not paid for separately will not affect the issue, and it will still be a sale.

This means that the weights and measures rulings will operate regarding quantity sale. It is still illegal to sell draught beer or cider for consumption on the premises except in strict imperial quantities. You cannot even serve metric measures, except in bottled products where the bottle itself is actually sold to the customer.

If you are pre-pouring the beer, it can only be served in a capacity measure of one third of a pint or half a pint. Tastings often use one-third pint glasses, which are available within the trade. The Campaign for Real Ale (Camra) uses them for its beer festival.

The only other solution, if the products are bottled, is to serve the bottles and allow the participants to pour the contents into small glasses themselves. In that way you can contend that it is the bottled product that is being sold to them under the contract of sale.

Responsibility for live music

QWe have been asked to run a bar at a council event that involves local pop groups. Our premises licence does not cover live music. What do we need to do?

AIf you are contracted to run the bar only, nothing. It is up to the promoter or the council to obtain the necessary licence or authority for the music.

They can do this either because the venue is already licensed generally for entertainment (a number of councils have already done this) or because they have issued themselves a Temporary Event Notice in respect of the musical entertainment, and possibly your bar as well.

Simply check with them well before the event.