Coulson: Pubs trade in fear

There is no doubt that the Home Office has successfully created a climate of fear in the licensed trade, which was clearly its intention.

A succession of "campaigns" aimed fairly and squarely at retailers, with well-publicised results, has demonised licensees as ready and willing to sell alcohol to kids. This, it is alleged, is the root cause of society's problems of disorder and city-centre violence.

There are, no doubt, licensees who deliberately turn a blind eye to the age of purchasers. There always have been, both in the off and on-licensed sectors. But the majority, certainly in the on-trade, are very careful about who they serve, and instruct their staff accordingly.

What concerns me in all of this, however, is the targeting of the innocent and mistaken landlord, who tries his best but makes one error. That mistake could cost him his licence; however, the young people who make the attempt to buy get off scot-free.

I have for many years complained about the police attitude to the prosecution of youngsters who knowingly attempt to buy alcohol underage. Every one of them, for sure, knows how old you have to be to buy alcohol, so they step into the pub or store with a clear intent to break the law. Only for them, it isn't really breaking the law: it is something that everyone tries on. If you fail, no problem. You just try somewhere else.

But for the licensee, the situation can be disastrous. That single inadvertent slip-up can be blown out of all proportion - the licence can be reviewed and in the current climate, stoked by sections of the media, even hanging would be too good for them!

The recent figures on the failure (yes, failure) of the police to prosecute the young offenders make depressing reading. This is not party-political posturing, because successive administrations have made the same mistake. It is not, in fact, a Government failing, so much as a reluctance on the part of the police to enforce the law against minors, even mature minors of 16 and 17, who clearly know exactly what they are doing.

Let us be clear: it is against the law to attempt to buy alcohol under 18. It is not necessary to show actual purchase, the attempt itself is exactly the same crime, which now attracts a penalty set at level 3 on the standard scale, not level 1 for the trivial.

Yet if a landlord or retailer sets hands on anyone who is attempting to buy alcohol, the most likely outcome is a brief warning and instant despatch. Even in cases where it is shown that the youngsters had forged ID, meaning they had provable guilty intent, the police simply do not want to know. It is much easier to fill the press release with "stung" licensees than risk the ire of families when "innocent little Johnny" gets fined.

But the disproportionate nature of the whole affair is what is particularly depressing. There are clear examples of licensees who have been trying their hardest, only to run up against the older-looking teenager on a busy night, or the one in the middle of a group. This is not crocodile tears, either. This trade has more than its fair share of pressures, and I am sure that some sell to whoever comes along, and in certain cases the landlord knows full well how old the lad is, because he has known the family for years.

I should like to see more of a climate of fear among the young, on a par with that felt by the trade. Then we might see a little more of a level playing field on the question of who is to blame for underage drinking.