Drink Talking: Graeme Cussion

Whether or not a police crackdown occurs this summer - be prepared, warns Graeme Cussion, solicitor, Poppleston Allen.

There seem to be conflicting reports at the moment as to whether there will be a further police crackdown this summer.

The Home Office is denying any such crackdown will occur, but other sources say that up to 200 police forces are preparing blitzes on underage drinking and disorder.

It probably goes without saying that all licensed operators need to be geared up to deal with this situation, whether it actually arises, or not.

Those of you who have fallen foul of previous test purchase exercises will realise the importance of ensuring that youngsters do not gain entry to your venue. It is essential to be able to demonstrate due diligence.

You should have clearly documented training records relating to day one of a new staff member's employment, covering the issues of underage sales and drunkenness. Regular refresher training should also be undertaken.

The fact is that any teenager being used in a test purchase exercise is not allowed to lie about their age. Therefore if your staff ask people to confirm their age as a matter of course, there is no possibility of a test purchaser being served.

The issue of drunkenness is more difficult. It is both an offence to sell to a drunken person and also to permit drunkenness on licensed premises. Unfortunately, from the licensee's point of view, the selling of alcohol to a drunken person is an absolute offence. This means there is no consideration of due diligence and if one of your staff members serves someone who is considered to be drunk, then you are automatically caught.

If you find yourself facing enforcement action make sure you take legal advice at the earliest opportunity. The process of prosecution often starts with an invitation from the police to attend the police station for an interview under caution. This is not an informal chat but rather an important stage of the evidence gathering process where you should be legally represented.

You have been warned!