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Underage sales penalties
QWhat penalties and/or imprisonment can follow from underage sales?
AImprisonment does not follow from any of the underage offences directly, although it is included in the general penalties for selling without the appropriate licence or in breach of conditions.
For the offences of selling to persons under 18; allowing the sale of alcohol to someone under 18; knowingly allowing consumption by under 18s or delivering alcohol to someone under 18; these all attract a fine of up to level five (£5,000).
These offences may be committed by any member of staff, a manager or the designated premises supervisor, but there is a "due diligence" defence open to the manager or pub operator if he can show that he took all reasonable steps to prevent the commission of the offence (for example, full and clear instructions to staff).
For "persistent selling" on at least three occasions to minors, which may be by the same or different people, the holder of the premises licence may be convicted and fined up to £10,000. In addition, the court may suspend the licence for up to three months. There has yet to be a prosecution under this new law.
Also, where underage sales come to light, the police or trading standards may request a review of the licence, which could also result in suspension or forfeiture.
Delegation rules for TENs
QI am in debate with a local officer regarding my presence at an event for which I have been granted a temporary event notice (TEN). He says that as the "premises user" I must be present all the time that alcohol is for sale. Is he right?
AI can find nothing in the Licensing Act requiring the giver of the notice to be in attendance throughout, nor any provision for this to be imposed as a condition: you cannot impose conditions on a TEN.
You understand that as the premises user, you are fully responsible for compliance with the law throughout the event, and if illegal sales or other contraventions take place, you will be prosecuted personally. It follows that if you are not to be there throughout, then you must follow the strict rules on delegation to responsible members of staff. It is not necessary that they hold a personal licence to take over from you.
Remember that the acknowledged notice should be available on the relevant premises, together with a letter of delegation, signed by you, appointing one of your staff in your place. In that way you can show due diligence and compliance with your obligations.
Free drinking water dilemma
QIs there a legal obligation on a premises licence holder to provide free drinking water on request?
AThis question crops up regularly, so it must still be an issue. There is no legal obligation on the holders of new premises licences to provide this service, although the vast majority would do so if asked.
It certainly cannot be made a condition of the licence, although in the case of late-night discos it may have been included as a condition of the public entertainment licence carried forward on transition.
In the past, customers might make a claim of this type because the old Licensing Act stated that it was an "implied condition" of the grant of any restaurant or residential licence that suitable beverages other than intoxicating liquor (including drinking water) were equally available with a meal. But for most pubs, no such condition actually exists.
