Preventing Underage Alcohol Sales in Licensed Premises – Briefing Sheet for Managers and Staff

Legal Overview:

Under the Licensing Act 2003, it is unlawful to:

Sell alcohol to anyone under 18
Allow alcohol to be sold to someone under 18
Deliver alcohol to someone under 18
Allow someone under 18 to sell alcohol without approval
Allow consumption of alcohol by someone under 18 on licensed premises (except 16–17 year olds drinking beer, wine or cider with a table meal and accompanied by an adult – see our related Briefing Sheet).

Penalties include:

Unlimited fines
Temporary closure (up to 14 days)
Suspension or revocation of the premises licence.

Best Practice Measures:

1. Challenge 25 Policy

Ask for ID from anyone who looks under 25.

Acceptable ID includes:

Passport, Photocard Driving Licence or PASS-accredited ID cards.

2. Staff Training

Train all staff on:

Legal responsibilities

How to check ID

How to refuse service

NB You should keep training records and update regularly.

3. Refusals Register

Record every refusal:

Date, time, description of customer

Reason for refusal

NB You should review regularly to monitor staff compliance

4. Signage and Store Layout

Display Challenge 25 posters prominently.
Position alcohol where staff can monitor access.
Use till prompts to remind staff to check ID

5. Support Your Staff

Back staff decisions to refuse service.
Never override a refusal unless you’ve verified the customer’s age yourself.

6. Test Purchasing

Consider using your own test purchasers to assess staff performance, and use results to improve training and procedures.

In the event of a FAILED Test Purchase Operation or an Under-Age Sale of Restricted Goods you may be able to avail yourself of the Due Diligence Defence, i.e.

If a sale occurs, you may avoid prosecution if you can prove:

All reasonable steps were taken to prevent the sale
Staff were trained and followed procedures
Systems were in place and monitored.

Summary:

Preventing underage sales is a legal obligation and a key part of protecting children from harm. By implementing robust systems, training staff, and maintaining records, you can stay compliant and safeguard your business.

Advisory: If you or your business falls foul of these rules, then call The Licensing Guys for advice on 01432 700024.