Under the Licensing Act 2003, all licensed premises in England & Wales have an overriding duty to promote the four licensing objectives, one of which is the protection of children from harm.
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Despite recent debate about whether children should be allowed in pubs at all, the legal position is often misunderstood. In reality, licensing law places relatively limited general restrictions on children being present in licensed premises.
The general restrictions relate to unaccompanied children under 16. On alcohol-led premises – defined as those used exclusively or primarily for the sale and consumption of alcohol on the premises – it is an offence to permit children under 16 to be on the premises at any time it is open for the sale of alcohol, unless accompanied by an adult over 18.
General restrictions
In addition, for all licensed premises, it is an offence to allow unaccompanied children under 16 to be present between midnight and 5am where alcohol is being sold for consumption on the premises.
In practice, it can sometimes be difficult to determine whether a premises is “exclusively or primarily” alcohol-led, particularly where there is a mixed offer of drinks and food. If there is any uncertainty, it is sensible to discuss this with your local licensing authority so that expectations are clear.
Alongside these general restrictions, many premises licences contain specific conditions relating to children. These often include requirements such as children under 18 not being permitted after a certain time, or restrictions on access to particular areas such as the bar.
These conditions form part of the licence authorisation and must be complied with. Breaching a licence condition is a criminal offence and can lead to prosecution, as well as more serious consequences such as a review of the premises licence, where a licensing committee could impose additional restrictions, remove the Designated Premises Supervisor, or, in the most serious cases, revoke the licence altogether.
Common misconception
It is also important to note operators are generally free to set their own policies in relation to children. A pub can choose not to allow children at all, or to impose its own restrictions (for example, requiring children to leave by a certain time), even where the law would otherwise permit their presence.
There is a common misconception that, because pubs are “public houses”, operators are required to admit and serve all members of the public. This is not the case. A pub is private property, and operators have a common law right to refuse entry or service, provided refusal is not based on unlawful discrimination (for example on grounds of sex, race, disability, sexual orientation, religion or belief, or other protected characteristics).
Ultimately, while licensing law sets out a framework for protecting children, much of the day-to-day approach is left to operators.
Ensuring your team understand both the legal baseline and any licence-specific conditions is key to managing your premises confidently in this respect, particularly at busy times such as weekends and bank holidays when families are more likely to visit.
- Suraj Desor is a senior associate solicitor at Poppleston Allen
