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.
