Legal Q&A: Serving a police officer - and disputes on notices
Q. Can we serve or sell alcohol to a police officer in uniform in a shop or licensed premises?
A. It was historically against the law to do so, but the offence was removed by the Licensing Act 2003.
As a result, the responsibility for ensuring that the purchase is appropriate falls on the officer, not the licensee.
Home Office guidance on ‘Police officer misconduct, unsatisfactory performance and attendance management procedures’ states: “Police officers do not purchase or consume alcohol when on duty, unless specifically authorised to do so, or it becomes necessary for the proper discharge of a particular police duty.”
Officers are now accountable to their line management rather than licensing law.
Dispute on notice
Q. I am the owner and premises licence holder of a local community pub. A couple of months ago, my local council carried out a test purchase operation in my premises and I served an underage test purchase volunteer. After receiving a warning from the police, the council carried out a further test purchase operation last week, which they say that I failed. I dispute the circumstances of the second failed test purchase. The police have told me that they do not intend to prosecute but a weights and measures officer has served me with a closure notice specifying that I must not sell alcohol for two weeks. How long have I got to dispute the closure notice?
A. You, as premise licence holder, will have 14 days to decide whether or not to accept the proposed prohibition or elect to be tried for the offence of persistently selling alcohol to children.
The time from which the prohibition would begin must be specified in the closure notice and be at least 14 days after the date on which the closure notice was served.
If you were to accept the alcohol prohibition as specified in the closure notice, it would allow you the opportunity to discharge all criminal liability in respect of the alleged offence. By challenging the notice you will be faced with the uncertainty of a court case and the possibility of a £20,000 fine or as an alternative, up to a three-month suspension of your premises licence.
On a more pragmatic level, by refusing to accept the prohibition in the closure notice, your relationship with your local police and weights and measures teams may be put under pressure. Remember it is common practice among enforcing authorities to seek to review a premises licence where a number of underage sales have taken place.
A commercial decision to close for two weeks might be preferable to a potential criminal record and a review.
