The challenge of vetting under-18s

17-Jan-2012 - Last updated on 11-Mar-2017 at 19:55 GMT

The manner in which licensees ask for ID is crucial, says Peter Coulson

The recent comment from an independent test-purchasing firm that pubs rely on doorstaff to vet under-18s is perhaps understandable for clubs and other entertainment venues with a strict ‘no-minors’ policy on entry.

But they rightly say that in the normal pub context barstaff have an obligation themselves to check age when the individual attempts to buy an alcoholic drink. They should not rely on an assumption.

Although pubs think they are singled out for test purchasing, local authorities regularly conduct such exercises with a variety of traders and products.

In every case of a prosecution, it is the staff member who comes under closest scrutiny, followed by an examination of the ‘due diligence’ that the operator has undertaken, particularly in terms of staff training.

So while independent test purchasing is an important part of this mix, so is a regular check by licensees or operators on the methods of conveying and examining this vital information to all staff, old and new.

Of all the areas of pub operation that have a legal context, under-age selling is clearly the one that has toughened over the years, so much so that it puts most other trading offences in the shade. It is rare to see a prosecution for after-hours sales or allowing under-16s in the bar.

As I have written about before, the main problem is the effect on the premises licence itself, after a second failed test purchase, however it is committed. That fact alone should keep it in the forefront of your mind.

However, I note that the problem over Proof of Age Standards Scheme (PASS) card acceptance has now reached MPs with an early day motion to ask the Government to consider making acceptance obligatory in the trade.

This is difficult but not impossible. Interestingly, this is really an internal trade problem, because some of the major players are reluctant to risk failure and demand traditional photo ID rather than what they might see as something more likely to be faked. The hologram argument does not appear to cut much ice with them.

The main problem is the manner in which requests for proof of age are handled. It is a form of challenge and is not ‘hospitable’ in the pub sense of a warm welcome.

Getting that right is part of the art of running a good pub.