Under the Licensing Act 2003, only drinks exceeding 0.5% ABV are legally classed as alcohol, meaning underage sales offences do not apply to alcohol-free products.
Products that contain no more than 1.2% ABV are classed as ‘low alcohol’ and therefore cannot be sold to under 18s under licensing law.
Selling alcohol to a minor is a criminal offence, with penalties including unlimited fines and potential suspension of alcohol sales for up to three months. Some operators also see stricter controls as good practice for responsible retailing.
It is also an offence to knowingly allow a person under 18 to consume alcohol on licensed premises or for an adult to purchase alcohol on behalf of a minor (a proxy sale).
Reducing risk
There is a limited exception allowing 16 and 17-year-olds to consume beer, wine or cider with a table meal, provided they are accompanied by an adult and the alcohol is purchased by that adult.
To reduce the risk of accidental underage sales, many pubs apply the same age-verification policies, such as Challenge 21 or Challenge 25, required for the sale of alcohol as some alcohol-free packaging closely resembles that of alcoholic drinks.
However, this is at the direction of the operator and is largely for practical reasons rather than a legal requirement, unless there are specific conditions on a premise license.
Licensees and staff also have a common law right to refuse entry or service, provided it is not discriminatory.
The law further distinguishes between age groups: 16 and 17-year-olds may enter licensed premises unaccompanied, while under-16s must be accompanied by an adult aged 18 or over.
Children under 16 cannot be on wet-led premises unless accompanied by an adult, and for other licensed premises where alcohol is not the primary or exclusive use, unaccompanied children under 16 should not be present between midnight and 5am.
Added complexity
Many pubs also have premises licence conditions further limiting access for under-18s to certain times or areas (e.g. the bar). Ignoring these restrictions can result in prosecution, licence reviews, or removal of your designated premises supervisor (DPS).
Poppleston Allen senior associate solicitor Suraj Desor told The MA any changes to this framework, as suggested by Government ministers this week to deter young people from alcohol, would be subject to consultation before taking effect.
Though he warned further regulation could add undue complexity to an already complicated directive.
He continued: “If the Government does move to regulate low and no-alcohol products in the same way as alcoholic drinks over 0.5% ABV, operators will need clarity, practical guidance and adequate lead-in time to update staff training, EPOS systems and internal policies.
“Many within the sector will question whether further regulation in this area genuinely supports hospitality or instead adds complexity and cost to an industry the Government says it wants to help. Unsurprisingly, operators will be watching developments very closely.”
Proper staff training, vigilance, and processes are essential to avoid breaching the law. Below Desor shares his top tips for you and your team:
1. Staff training
Training is critical. Staff must understand their responsibilities before serving alcohol, with regular refresher sessions. Training should cover:
- Responsibilities around children and alcohol
- How to consistently follow your Age Verification Policy
- Identifying false or fraudulent ID
- Preventing proxy sales
Keep training records and have staff sign to confirm understanding.
2. Age verification policy
Having an age verification policy for alcohol sales is a mandatory condition of your premises licence, and it must be implemented consistently. Everyone who looks under 18 should be asked for ID.
Acceptable forms include passports, photo card driving licences, PASS-approved cards, or military ID - all with a photo, date of birth, and holographic or UV mark.
Challenge 21 or Challenge 25 policies help staff consistently check anyone appearing under 21 or 25.
3. Spotting false ID
Staff should:
- Look for signs of tampering
- Check photos against the person presenting the ID
- Verify holograms or UV marks
- Check distinguishing features such as scars or moles
The Home Office has produced guidance on false ID, which can be a useful reference for training and procedures.
Staff can potentially rely on a defence if they requested ID and it was not obviously false - making training crucial.
4. DPS oversight
The designated premises supervisor (DPS) should ensure staff follow the Age Verification Policy and all licence conditions relating to children are always applied.
5. Proxy sales and vigilance
Staff need to be alert to adults buying alcohol for under-18s. Monitor mixed-age groups carefully and apply ID checks consistently.
6. Risk assessment & adequate staffing
Senior management should be on hand to assist with disputes or difficult situations. Consider a brief written risk assessment to check staffing levels and other measures needed during busy periods, especially at Christmas.
7. Refusals register
Maintain a log of refused sales and review it regularly. This demonstrates that the pub is operating responsibly.
8. Under-18 staff
Young staff aged 16 or 17 can work in licensed premises, but alcohol sales must be authorised by the DPS or a responsible adult. The only exception is in areas where alcohol is served with a meal.
9. Premises culture and signage
Consider how your pub looks, your promotions, and your online presence. If you attract younger customers, ensure signage and policies clearly show that underage drinking is not allowed.
