With the festive period now fast approaching, I thought it would be a good time to remind operators of their obligations in terms of the prevention of sales of alcohol to persons under the age of 18; and confirm the circumstances for when it is legal for a 16 or 17 year old to consume alcohol on licensed premises.
The festive season is a time of year which drives customers to licensed premises like no other, including, in all likelihood, those who have not yet attained the legal age to drink.
When can 16 or 17-year-olds legally drink alcohol on a licensed premises?
It is perfectly legal to serve alcohol to be consumed by 16 or 17 year olds if they are consuming a meal.
This should be a substantial, and most likely, a sit-down meal with cutlery; so a packet of crisps or mince pie does not count!
There are two other factors to consider for this particular area; firstly the alcohol must be purchased by someone over the age of 18.
And the only drinks the 16 or 17 year old can drink are beer, wine, and cider. It is otherwise illegal to sell alcohol to someone under the age of 18.
Age verification:
As it can be difficult for members of staff to accurately judge people’s age, particularly during busy periods, a Challenge 21 (or 25 as appropriate) policy should be adopted whereby all staff are to ask anyone who appears to be under the age of 21 (or 25 as appropriate) to produce identification.
If the identification cannot be produced, then the customer must not be served.
Notices to this effect should be displayed around the premises for the benefit of both staff and customers so that everyone is clear on the policy.
In requesting identification from customers, your teams should be aware that only the following should be accepted as forms of identification:
- Identity card bearing the PASS hologram
- Photo card driving licence
- Passport
- Military ID
Enforcement and fines:
Enforcement can arise through the test purchasing process, which is when the police and/or Trading Standards send persons under the age of 18 into licensed premises to try to get served.
This can lead to enforcement action through the review of Premises Licence process, or through reliance on the fact that it is a criminal offence to sell alcohol to someone under the age of 18.
A prosecution can be undertaken against the individual who made the sale, anyone in a supervisory capacity or, indeed, potentially the Premises Licence Holder themselves.
The fines are unlimited in the Magistrates’ Court, albeit that such infringements are often dealt with by way of a fixed penalty notice at least on the first occasion.
It is also worth remembering there is a separate offence of persistently selling alcohol to children which is engaged following two sales to minors within a three month period.
That is an offence which is aimed at the Premises Licence Holder and carries a potential unlimited fine, together with a period of suspension of alcohol sales at the premises.
All of the potential enforcement outcomes come in tandem with the inevitable adverse publicity which will likely flow from such proceedings.
The following should therefore be considered as a part of any operator’s due diligence and prevention systems:
- Make sure all staff involved in the sale of alcohol are regularly trained in terms of their responsibilities and the potential consequences including ending up with a criminal record.
- Make sure the training includes reference to any Challenge 21 or Challenge 25 Policy which is in operation at the premises.
- Keep well organised written training records to demonstrate the preventative system, particularly in the event that something goes wrong in spite of it.
- Keep a refusals log requiring staff to enter details of any occasion when they have asked for identification and it has not been produced.
- The Designated Premises Supervisor should regularly check the refusals log to make sure all members of staff are making some entries, as that will be useful to demonstrate that they are following their training.
- Be vigilant! – make sure senior members of staff in particular are keeping an eye on any younger ones who may be less comfortable with the challenge process.
All of this is particularly important at a time of year when you might be busier than usual, attracting younger clientele and maybe employing new/temporary staff.
We don’t want anyone’s Christmas ruined by enforcement action.
- Elizabeth Varley is a solicitor at Poppleston Allen
