Pubs urged to respond to consultation on age restricted products
Pubs are being urged to respond to a consultation on a new draft code of practice for age restricted sales which has been issued by the Better Regulation Delivery Office (BRDO).
The new code of practice for the test purchasing of age restricted products and services was developed in collaboration with business and regulators.
The draft code of practice still allows for the approval by an enforcing authority of lying as a tactic where a test purchaser is sent into premises, where this is considered to be ‘proportionate and necessary’.
However, the draft code does not allow for the use of any form of ‘false’ or ‘fake’ ID by a test purchaser other than the use of a PASS card which still indicates their true age but which gives a false name on it.
According to licensing law firm Poppleston Allen, this means that a test purchaser could lie about their age before producing a PASS card with their correct age on it. Staff serving alcohol would therefore have to ensure that they have checked the date of birth on the card.
The draft code also suggests that the business and premises licence holder should be notified of the result of the test purchase within five working days.
However, there may be situations where it might be reasonable for such written notification to be delayed beyond five working days.
The consultation on the draft code is available at www.bis.gov.uk/brdo/publications/current-consultations and views are requested on the consultation paper on the draft Code by Friday 28 September 2012.
