Children in Licensed Premises

The old legal requirement for a Childrens Certificate in pub houses has been replaced by a completely different system under the Licensing Act 2003.  It is now at the publican’s discretion as to whether he permits children in his pub or to ban them entirely.

There are now two main points to note in relation to the admission of children in licensed premises.  Firstly, it is an offence to permit children under the age of 16 who are on their own (not accompanied by an adult) to be present on premises being used mainly or primarily for supply of alcohol.  Secondly, it is an offence to allow children under the age of 16 who are not accompanied by an adult in on-licensed premises between midnight and 5 am.  In both circumstances if the young person is accompanied by an adult they are allowed in the premises.
It is important to check your Premises Licence as your Licence may show special conditions in relation to the admission of children on your premises.  For example, many conditions were carried over from the old Licensing Act (so called embedded conditions) and if these appear on your Premises Licence they must still be complied with.

Consumption of alcohol by young persons

The points above relate to the admission of children in licensed premises.
It is STILL a criminal offence to sell alcohol to any person under 18 on any premises.
In relation to the consumption of alcohol by young people it is still an offence for a young person to consume alcohol on licensed premises.  However, one exception to this is a young person of either 16 or 17 years old is allowed to drink beer, cider or wine with a table meal provide an adult accompanies the young person and pays for the drink.
This exception is not widely known and bar snacks such as crisps or nuts do not count as a “table meal”.  Best practice would means meals eaten with a knife and fork…

Offences relating to the sale of alcohol to children

There are many offences which can be committed relating to the sale, purchase and consumption of alcohol but it is best to remember that alcohol can never be sold or purchased by someone under 18.  Offences include:
·         It is an offence to sell alcohol to someone under 18 (ie, in a shop, pub or bar)
·         It is an offence to knowingly allow the sale of alcohol to someone under the age of 18 (this offence could be committed by a junior member of staff and a supervisor if they are both aware that the young person is under age)
·         It is an offence for someone under 18 to purchase or attempt to purchase alcohol or for someone over 18 to purchase alcohol on behalf of the young person (so called acting as an “agent”).
·         It is an offence to send someone under 18 to obtain alcohol that is sold for consumption off the premises (ie, when an adult sends a young person to a shop to collect alcohol purchased over the telephone).

Unsupervised Sales of Alcohol

An offence can be committed when an unsupervised person under the age of 18 sells or supplies alcohol.  However, if a “responsible person” (someone over 18 in a supervisory capacity) specifically approves the sale then no offence is committed.  Examples of this type of sale regularly occur in supermarkets or off-licences where the cashier is under 18 and must get approval from a supervisor before the till will allow the sale to continue.

For further advice and assistance in relation to prosecutions for the sale of alcohol to children please contact Hills Licensing by email, sally@hillslicensing.co.uk

Licensed Special Events, British Summertime and Trading Hours
Many Premises Licences issued under the Licensing Act 2003 have special conditions for days such as St Patrick’s Day, New Year’s Eve and Bank Holidays.  However, there are many other local annual or biannual events that may not feature on your Licence such as local and national carnival events, charity days etc.
All licensable activities to be carried out on these days (liquor, entertainment, late night refreshment) will require authority either from a Premises Licence or Temporary Event Notice.
Premises Licence Holders and Designated Premises Supervisors should double check their Licences to ensure that they have the correct hours and licensable activities to operate such events.  For example, a murder mystery event in a hotel will require a Premises Licence which authorises plays as well as music and the sale of alcohol.
British Summertime officially commences on Easter Sunday this year (31st March 2013) and at 1 am on Sunday morning the clocks will go forward by one hour to 1 am.  It is important to note this time change as this could affect your Saturday night into Sunday morning trading period over the Bank Holiday weekend.
If your Premises Licence does not cover the extra hour for British Summertime (which some do) you will need to have made a Temporary Event Notice to cover this period.
To ensure that you do not miss the deadlines for Temporary Event Notices, your Notice must be with the Council and other authorities by 14th March 2013 (remembering the ten WORKING DAYS notice required).  It would also be possible to make a late TEN but remember to take advice from your local Licensing Officer in the first instance.
For further advice and assistance please contact Hills Licensing by email, sally@hillslicensing.co.uk