Legal surgery
Graeme Cushion, partner at licensing solicitors Poppleston Allen,
answers more of your food and drink legislation questions
Q I have become very confused regarding the position on selling alcohol to under-18s in my pub-restaurant. When I ran a restaurant a few years ago I was able to sell certain types of alcohol to 16 and 17-year-olds if they were having a meal. I am not sure if I am still allowed to do this and obviously don't want to be prosecuted if I get it wrong. Can you help please?
Graeme says: The arrival of the Licensing Act 2003 did make a change in terms of the situation surrounding 16 and 17-year-olds. The basic rule of thumb is that it is illegal to sell alcohol to anyone under the age of 18. The offence carries a maximum fine of £5,000 and if you are caught doing this three times in three months, the premises licence holder can be fined up to £10,000 and have the ability to sell alcohol suspended by magistrates for up to three months.
So it is important not to get this wrong. It is no longer permissible to sell alcohol to a 16 or 17-year-old; however, it is possible to allow a 16 or 17-year-old to consume beer, wine or cider if they are having a meal in the company of an adult and that adult has purchased the drink for them. This is the only exception. Otherwise it is a further offence to permit consumption of alcohol by someone under the age of 18 in your premises.
As well as carrying the risk of prosecution, there is always the risk of review of the licence resulting in the ultimate sanction of revocation if you get things wrong. It is always best to ensure that you have a good understanding of the legal position.
Q I've heard that poor lighting and cleaning can result in licensees falling foul of random abv testing. Is this true?
Graeme says: Deliberate watering down of spirits is clearly a serious matter, in relation to which a prosecution by Trading Standards under food safety or trade-descriptions legislation would normally follow. However, the legislation extends beyond those who deliberately seek to defraud the public and can also catch those who fall short in the levels of abv inadvertently and through poor storage
of spirits.
The washing of free-pourers and their replacement whilst wet is a potential hazard. While we work closely with clients to ensure that health and safety issues are managed and monitored, we also need to ensure that their practices remain within the law. Free-pourers need to be cleaned and dried to avoid introduction of water to the spirit and
subsequent reduction in abv. This problem can be magnified in those spirits which are used less frequently, with the water content being raised over a longer period of time.
Another less obvious problem can be created when spirits are exposed to the elements for long periods, especially if temperatures fluctuate. This can cause evaporation of alcohol and a subsequent weakening of spirits. As a practical example, many licensees with a strongly lit back bar may be committing a crime without even realising it.
If unsure you need to check: the food-labelling regulations allow a deviation of 0.3% from abv stated on the bottle, so any product that falls below this level should be discarded and records kept of any action taken.
