Home Office backs pubs' right to seize ID

Pubs have been given the green light to confiscate fake or borrowed ID after a Home Office minister stepped in to clarify the situation.

Nick Harmston, manager of Marston's' Que Pasa in Chelmsford, contacted The Publican​ in August after Essex Police warned him he could leave himself open to being sued if he carried on taking ID away from underage people trying to get into the venue.

But with other local forces actively encouraging licensees to seize the documents Harmston enlisted local MP Simon Burns to seek guidance from the Home Office.

And in a letter this month David Hanson, minister of state for crime and policing, stated: "It is the government's view that doorstaff are not committing a criminal offence by confiscating the ID as they lack the dishonest intent necessary to commit the offence of theft."

It adds: "The view of the Home Office is that the premise should not return that document to that individual but should hand it over to the police."

However it also states that there is a chance doorstaff could "lay themselves open to a civil claim for trespass to goods" if the person the ID was taken from is entitled to hold it. However the Home Office says the risk of such a challenge being successful "is low".

Harmston said the letter is good news for responsible venues across the country.

"I carried on doing it anyway and since August we have confiscated 100 pieces of ID but for me this just confirms we are doing the right thing.

"For me this letter from the Home Office is worth its weight in gold and I will be taking the matter up with my local licensing officer."