Child's play for pubs

One of the most contentious issues of the recent Licensing Bill sees children of all ages allowed into pubs. Nicola Collenette explains what it really means.

Love 'em or hate 'em, kids in pubs are set to become commonplace in the future. Seen as one of the most contentious issues of the Licensing Bill, the reforms abolish children's certificates and make it legal for all kids of all ages to enter pubs.

Licensees will, however, have the discretion on whether to admit them or not but if the bill is pushed through the Lords, Britain can look forward to a more continental approach to family dining.

The issue is likely to create a stir when the bill goes for its second reading on November 26 and its liberalisation comes as a surprise bearing in mind the previous onerous conditions on kids in pubs.

The children's certificate will be abolished and licensees will have the freedom to decide whether children are allowed to come into any part of the pub.

Under the bill, young children would be entitled to walk into a pub on their own and purchase a soft drink or snacks at the bar.

Ministers have traditionally been uncomfortable with the idea that kids might be exposed to an essentially adult environment.

But the idea that pubs are dens of iniquity is one that is less and less grounded in fact.

Robert Humphreys, of the All Party Parliamentary Beer Group, said: "A lot of people are already saying that the idea of six or seven-year-olds going into a pub unaccompanied is wrong.

"But we have to stand back and understand that licensed premises have ceased to be a dangerous place. If you say that a child cannot go in on their own to order a soft drink you have to apply that to off-licences or hotels, it's the same thing.

"However, if there are any reasonable grounds to think a child might be at risk, any authorised objectors - such as police or local residents - can lodge an objection and the licensing committee will make a decision."

Bob Cartwright, spokesman for Six Continents, said the reforms that will allow kids into pubs are a welcome change from the current system.

"The children's certificates never worked properly. A consolidated national approach from the Licensing Bill is needed so we avoid all the inconsistencies and difficulties there were with the children's certificates," he said.

"We have some pubs that welcome children and families, others for over 18s only and in some cases those for over 21s. We will be looking at each one in detail in the future." Jonathan Neame, managing director of Shepherd Neame, says he has reservations about the reforms.

"The scrapping of children's certificates is to be welcomed as it's very confusing for the consumer at the moment," he said.

"But everything will depend on the sensible interpretation of the operation plan by the local authorities.

"One is still at risk of unusual or inconsistent local policies prevailing."

A survey of 750 licensees for The Publican's Market Report 2002 showed that licensees consider offering family facilities to be important to their business.

Thirty-eight per cent of respondents said that family facilities are of high or medium importance to them over the year.

However, that was in no way reflected by the amount of pubs that held a children's certificate.

More than a third of the UK's pubs are ignoring the licensing regulations and are illegally admitting children.

Just 14 per cent of licensees held a valid certificate but 48 per cent allowed children into their bar area, according to the report.

There is no indication that the authorities are enforcing the law and the government has admitted the law regarding children's access to licensed premises is confusing and inconsistent.

Under the new regulations children's access will be the norm, except where there is good reason for them being excluded - balanced by "a clear objective of protection of children from harm".

Culture Secretary Tessa Jowell stressed this point at the launch of the bill on November 15.

She said: "The bill includes tough measures to strengthen protection for children. But it also takes the long-term view. It recognises that introducing young people to alcohol in a safe and measured way will help deter them from drinking to excess later in life."

Mr Humphreys also recognises the bill's far-reaching impact on drinking behaviour and, ultimately, society.

He says: "We have to contemplate a different world. Essentially it's going to be a permissive regime where we can do anything unless we're forbidden to do so. It's a complete opposite to what we're used to where we can't do anything unless specifically told we can."

The bill explained further​

Children will be allowed access to any part of licensed premises at the personal licence holder's discretion. Licensing authorities will also have the discretion to restrict - for example by requiring adult supervision - or deny access for children to unsuitable licensed venues.

The legal age for drinking alcohol on licensed premises and for buying it there, whether as off-sales or on-sales, will remain at 18 years old. But an exception will allow 16 and 17-year-olds who are supervised by an adult to drink alcohol "of less than spirits' strength" with a meal.

Mark Hastings, spokesperson for the British Beer and Pub Association, said: "Licensees will not have to go through the hoops under the new bill as the law will give them the right to let children in their pubs from day one.

"It will be infinitely easier and much less bureaucratic than it is now with children's certificates."

Mr Hastings said that licensees won't have to prove anything if they want to let children in their pub: "it's up to an authorised objector to provide clear evidence to the local authorities that children will come to some harm," he said.

"The well-run pub which has a responsible track record on kids has absolutely nothing to worry about," said Mr Hastings.

Kids in pubs: history​

After years of campaigning, children's certificates were introduced by the government in January 1995 - a move that was heralded as a major leap forward in encouraging a continental approach to family dining and drinking.

However, the euphoria was short-lived as licensees came up against a host of unworkable conditions from local magistrates. Each magistrates' court had its own interpretation on what "a suitable pub" was and while some pubs were granted a certificate with no conditions, others came with dozens including banning smoking altogether, installing low-level urinals, serving all drinks in plastic cups and fitting thermostats to hot water taps.

For some, the conditions were too costly and after a short space of time most licensees gave up. The trade was also angry that the conditions were turning pubs into McDonald's-type establishments, rather than maintaining the traditional values of the pub.

A year after the certificates were introduced, just 10 per cent of licensees had applied. And as time has moved on, many licensees have illegally opened their doors to children with even the police turning a blind eye.

Legally, without a children's certificate in place, licensees can only allow over 14s into the bar area of their pub, accompanied by an adult.

These new reforms will radically overhaul the current system.

What the public thinks​

The Publican Newspaper's Pub-Goers Survey, published in November 2001, established that kids play a big part in people's choice of outlet and family facilities are considered very important.

Despite concerns from some quarters that kids in pubs are destroying the traditional pub environment, only 12 per cent of pub-goers polled last year felt children should not be allowed into pubs at all.

But customers said they are a lot happier if c