Underage Drinking and Your Licence

We've been through the recession and the smoking ban. The latest threat to the licensed trade is the young underage drinker.

Binge drinking and particularly teenage drunkenness in the south west are issues which have never been far from the headlines. But two changes of law this year make it even more important for licensees to make sure their systems are fit for purpose.

It has always been an offence to sell alcohol to people under 18 (and for under 18's to buy alcohol).  The consequences however have now become far more serious.

Since January of this year the old so called "three strikes" rule has become a "two strikes" rule.  This means that where two or more illegal sales are made within a three month period, the premises concerned will almost automatically lose their licence.  In some cases this may be a 48 hour temporary closure. In other cases the matter will go to court, who will have power to suspend the alcohol licence  for up to 3 months,  in addition to a fine  of £10,000. 

Robert Newman, licensing partner at Kitsons, comments. "This is sending out a clear signal to owners of pubs and off-licences. Get the right systems in place or face the loss of your licence." Above all, licensees must review their staff training and supervision procedures. "Good staff will help your business flourish.  Poor staff may put everything at risk"

And further changes are just around the corner. From October of this year all Premises Licences will have to accept new mandatory  proof  of age procedures for younger customers.  These   rules will apply to all licensed premises and are part of a new raft of regulations being issued during the course of the year. 

"The new  procedures are already being phased in." says Robert. "As they will be attached to all licences any breach could lead to a prosecution, a fine, and possibly loss of licence. Although many businesses have taken steps to deal with the new regime, it is clear that many have not. Now is the time to act.

Pubs, clubs and off-licences are already struggling in the current financial climate.  Even a temporary loss of licence is likely to be disastrous and all licence holders should therefore take action to check their systems so as to avoid getting caught by the new rules.

For more information about the current licensing changes contact Rob Newman or James Cross at Kitsons on 01803 202020 or by email  rob.newman@kitsons-solicitors.co.uk