Tougher penalties for underage sales
October 2007
New legislation has recently come into force which introduces tougher penalties to those who are caught persistently selling alcohol to children.
The Violent Crimes Reduction Act 1996 was brought into force on 6 April 2007, and created a new offence which was inserted into the Licensing Act 2003. This gives Police and Trading Standard Officers increased powers when dealing with licensed premises who repeatedly sell alcohol to individuals under the age of 18.
Sanctions can be directed against a Premises Licence Holder if they or members of their staff have been found guilty of committing three such offences within a period of 3 or more consecutive months.
In determining whether an offence has been committed, a person responsible for the premises must have received the following in relation to the unlawful sale of alcohol to individuals under the age of 18;
The person responsible for the premises at the time of the sale does not have to be the same person in every instance.
Premise Licence Holders if found guilty could find themselves facing a penalty in the Magistrates’ Court of a fine not exceeding £10,000, and the potential suspension of alcohol sales for a period of up to three months.
Alternatively the Police and Trading Standards have the ability of serving the Premises Licence Holder with a Closure Notice. This Notice will allow for the closure of the premises for a period not exceeding 48 hours for the sale of alcohol and can take place within a period of 14 days from the last underage sale. This Notice gives the Premises Licence Holder the opportunity to discharge all criminal liability in respect of the offences.
The issue surrounding the Violent Crimes Act is that when prosecuting a Premises Licence Holder all that needs to be proved is that three instances of underage sales took place, the person responsible for the premises at the time does not even have to have been convicted of the offence, the issuing of a caution or fixed penalty notice will be sufficient in establishing liability.
Licensed operators should be very aware of these provisions. Those that retain the company name as the Premises Licence Holder could find themselves on the receiving end of a number of substantial fines, not to mention the potential loss of trade due to closure if their premises fall into the trap of underage sales. Managers should ensure that staff training and training records are kept up to date, and that staff members are following the correct procedures in asking for identification if unsure that somebody is over the age of 18. If not already adopted the Challenge 21 scheme is a good exercise in due diligence.
Remember strong due diligence and staying vigilant is the key!
The Violent Crimes Reduction Act 1996 was brought into force on 6 April 2007, and created a new offence which was inserted into the Licensing Act 2003. This gives Police and Trading Standard Officers increased powers when dealing with licensed premises who repeatedly sell alcohol to individuals under the age of 18.
Sanctions can be directed against a Premises Licence Holder if they or members of their staff have been found guilty of committing three such offences within a period of 3 or more consecutive months.
In determining whether an offence has been committed, a person responsible for the premises must have received the following in relation to the unlawful sale of alcohol to individuals under the age of 18;
 |
a conviction |
|
|
a caution |
|
|
a fixed penalty fee |
The person responsible for the premises at the time of the sale does not have to be the same person in every instance.
Premise Licence Holders if found guilty could find themselves facing a penalty in the Magistrates’ Court of a fine not exceeding £10,000, and the potential suspension of alcohol sales for a period of up to three months.
Alternatively the Police and Trading Standards have the ability of serving the Premises Licence Holder with a Closure Notice. This Notice will allow for the closure of the premises for a period not exceeding 48 hours for the sale of alcohol and can take place within a period of 14 days from the last underage sale. This Notice gives the Premises Licence Holder the opportunity to discharge all criminal liability in respect of the offences.
The issue surrounding the Violent Crimes Act is that when prosecuting a Premises Licence Holder all that needs to be proved is that three instances of underage sales took place, the person responsible for the premises at the time does not even have to have been convicted of the offence, the issuing of a caution or fixed penalty notice will be sufficient in establishing liability.
Licensed operators should be very aware of these provisions. Those that retain the company name as the Premises Licence Holder could find themselves on the receiving end of a number of substantial fines, not to mention the potential loss of trade due to closure if their premises fall into the trap of underage sales. Managers should ensure that staff training and training records are kept up to date, and that staff members are following the correct procedures in asking for identification if unsure that somebody is over the age of 18. If not already adopted the Challenge 21 scheme is a good exercise in due diligence.
Remember strong due diligence and staying vigilant is the key!
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