York judge: premises licence holders not liable for underage sales

Licensees have called for clarification on who is liable for serving underage customers after a judge ruled premises licence holders were not necessarily responsible.

Sixteen prosecutions for selling booze to underage drinkers were abandoned by City of York Council after District Judge Martin Walker advised them he would not find the owners liable.

Lawyers representing the companies involved - Mitchells & Butlers, the Restaurant Group and Jarvis Hotels - argued that the Act does not specifically say the premises licence holder is responsible for underage sales - so in future prosecutions may only be brought against the landlords or the bar worker who sold it.

Anita Adams, licensee of the Golden Slipper in York, wants to know where she stands if one of her staff serves an under-18.

She said: "The government should come out and clarify exactly who is liable for an underage sale. None of us know where we stand, especially if we are the premises licence holder and the designated premises supervisor."

However, the trade has played down the implication of the decision.

Tony Payne, chief executive, Federation of Licensed Victuallers' Associations, said: "I think it's an isolated case. This could come in front of another judge who could take different decision. There is no loophole which allows people to get off with selling to an under-18."

The council has also reaffirmed its commitment to combating underage sales in pubs. A City of York Council spokesperson said: "This is a brand new and untested area of law, and the district judge has given an indication that we respect. All those employed in the sale of alcohol to under 18s must still be extra vigilant to ensure that illegal sales do not take place. Illegal sales may still result in the seller or the person who is the licensee being summoned to court."