Machines and age restrictions
The recent warning about underage use of gaming machines is well timed, because it is clear that in certain parts of the country pubs are being targeted for enforcement action.
I am glad to say that in the vast majority of cases the licensees will escape with nothing more than a warning if they fail a test purchase in this way.
There is not the same attitude here as there is with underage sales of alcohol, even though the maximum penalties are frightening. In fact those penalties, including the odd-sounding "51 weeks in jail" are there as much as a deterrent than anything else.
So far, I am not aware of a single publican who has been fined for the Gambling Act offence of permitting someone under 18 to use a category C machine, although they have for other gambling offences, notably bookmaking ones.
Even the recent amusement arcade campaign resulted in no more than warnings, in spite of the fact that the test purchases were made after a letter had been sent to all arcade proprietors warning them in advance about the 'sting'. But there will come a time when one or other local authority will take a stronger line.
It has to be remembered that test purchases do not just involve alcohol — there are a number of other age-restricted products and activities that local enforcement officers will look at from time to time. Fireworks and knives come to mind here.
In the past few years, under financial pressure, local councils have tended to join forces in some areas so that they have specialist teams covering several local authority areas at once.
This cuts down the cost of enforcement, but also means that they are able to concentrate on particular topics over a wide area, which may involve calling in on pubs.
One point about machines should be made here: the restriction on age use only applies to category C machines in pubs — those with a maximum £1 stake and £70 top prize. Category D machines, which still have 10p/30p stakes and £5/£8 (non-money) prizes are not age restricted and can be sited away from bar supervision.
It should certainly be stressed to staff that they have a similar duty about category C machines as serving drinks and should in doubtful cases ask for age verification. Recent test purchasers have been 16-plus, so be warned.