Children in pubs: a summary
Prince Harry's alleged activities at the Rattlebone Inn in Sherston have resulted in yet more media attention on the issue of underage drinking.
Perhaps it is a good moment then to summarise the relevant law:
- unless a children's certificate is held in respect of the premises, no licensee should allow a child of under 14 to be in the bar during permitted hours
- the only exceptions are if the child under 14 is the licensee's child, resides in (but is not employed at) the premises, or is in the bar solely to pass to or from some other part of the premises to or from which there is no other convenient means of access
- it is now an offence for any person to sell alcohol to a person under 18 in licensed premises or to allow any other person to sell to an under 18-year-old
- a person is also guilty of an offence if he knowingly allows a person under 18 to consume alcohol in a bar
- the exception is that 16 and 17-year-olds may purchase beer, porter or cider for consumption with a meal in a part of licensed premises usually set apart for the service of meals
- it is an offence for anyone to buy or attempt to buy alcohol on behalf of an under 18-year-old unless the above exception applies.
Certain defences are available in the event that a licensee or anyone else working at the premises is charged with an offence, but the law in this respect is quite complex and anyone finding themselves in this position should seek the urgent advice of a specialist licensing solicitor.
The safest course is to ensure that any risk of breaking the law is minimised by adopting an appropriate identification card scheme and, for example, displaying notices making it clear that underage sales are not permitted.
In any case of doubt, the prudent course is to require proof-of-age or to refuse service. Turn a blind eye at your own risk!
By David Clifton, part of thePublican.com's legal team from London solicitors Joelson Wilson
