1. The Protection of Children
Aim
To know the responsibilities of personal licence holders with regard to the protection of children and the law on underage sales, purchase and consumption of alcohol.
Learning Outcome
Understand the law in relation to the protection of children on licensed premises.
Assessment Criteria
State the law in relation to the sale of alcohol to children
State the law in relation to the purchase or attempted purchase of alcohol by or for children
State the law in relation to the unsupervised sale of alcohol by a child
Identify the types and features of acceptable proof-of-age documents
Outline the importance of other legislation related to the protection of children
State the law in relation to the presence of children in licensed premises
State the law in relation to the consumption of alcohol by children
State penalties for breaching the law in relation to the protection of children on licensed premises
Suggestions for training resources
A ‘Challenge 25‘ poster or other point-of-sale materials relating to age verification
Example PASS scheme cards showing hologram
A range of leaflets giving advice on underage sales 4
The Protection of Children

2. The need to protect children and young people
Everyone working on licensed premises has a legal responsibility to protect under-18s from harm, including:
psychological harm from unsuitable or adult content
physical harm from unsafe premises
harm to health from consuming alcohol
KEY POINT
Alcohol is an age-restricted product – it must never be sold or served to anyone under 18

3. Offences It is an offence to:
sell or allow the sale of alcohol to an under 18
allow the consumption of alcohol by an under 18
deliver or allow the delivery of alcohol to an under 18
send an under 18 to collect alcohol
allow an under 18 to sell alcohol
purchase or attempt to purchase alcohol for an under 18
Explain that there are exceptions in certain situations which are explained below or will be covered by subsequent slides.
Alcohol deliveries
It is an offence to deliver alcohol to someone under 18, but no offence if the under 18 merely signs for alcohol delivered to their home that was ordered by an adult.
An under 18 year old may accept a delivery of alcohol for an employer if this is part of their duties.
It is an offence for an adult to send someone under 18 to purchase alcohol.
Purchasing alcohol on behalf of an under 18
Known as proxy sales. It’s the adult attempting the proxy sale that commits the offence. Be careful, and use good judgement.
KEY POINT
Its is an offence to sell alcohol to an under 18 at any time

4. Purchase of alcohol by or for under 18s
Those aged under 18 commit an offence if they purchase or attempt to purchase alcohol
The person under 18 may be fined up to £1,000
Under-18s are committing an offence unless part of a test purchasing operation
It is the adult making or attempting to make the purchase on behalf of the under 18 who commits the offence and not the seller or server
KEY POINT
It is an offence for an adult to purchase or attempt to purchase alcohol for an under 18. This is known as a ‘proxy sale’

5. Consumption
An offence to allow under 18s to drink alcohol on licensed premises
Exception:
an accompanied 16 or 17-year-old may drink beer, wine or cider with a table meal
the alcohol must be purchased by an adult
This exception does not apply in a bar area where bar snacks are provided. It must be a full table meal in an area set aside for dining
An adult must accompany the young person
The adult must buy the alcohol
PLHs should check the age of those consuming alcohol
A person under the age of 18 must NEVER purchase alcohol

6. Sale of alcohol by under 18s
It is an offence to allow an under-18 to sell alcohol unless:
each and every sale is specifically approved by a responsible person
the alcohol is for consumption with a full table meal
A responsible person able to approve the sale of alcohol by someone under 18 years old includes:
the DPS
the premises licence holder
a person aged 18 or over who is authorised by either of the above
The responsible person must look at the customer before authorising the sale or requesting proof-of-age documentation.
KEY POINT
An under-18 may take delivery of alcohol when working on licensed premises if this is part of their duties

7. Penalties
A person aged 18 or over found guilty of selling alcohol to under 18s may receive an unlimited fine
Police may issue a fixed penalty notice of £90 to the individual making a sale to an under 18
The premises licence may be reviewed
Many of the offences relating to the sale of alcohol to under 18’s including allowing the sale of alcohol to a child or the consumption of alcohol by children are subject to an unlimited fine imposed by magistrates.
In addition, there may be a request made for the review of a premises licence where these offences occur.
The person actually making the sale (the shop assistant or the person behind the bar) or the individual committing any of the other underage alcohol offences can be issued with a fixed penalty notice of £90 by the police.

8. Evidence and due diligence defence for underage sales
Evidence required for prosecution:
That the sale took place (a receipt or reliable witness)
That the person was under the age of 18
Defence:
believed the person was aged 18 or over
all reasonable steps taken
no-one suspected they were under 18
requesting and checking acceptable photographic proof-of-age documents
having in place an age verification policy, such as Challenge 25
undertaking regular staff training in underage sales
Reasonable steps:
If a personal license holder or any other person is charged with selling or allowing the sale of alcohol to an under 18, they may have a defence if able to show they took all reasonable steps to establish age, such as checking acceptable proof-of-age documents which were apparently valid and would have convinced most people.

9. Persistent underage sales
Occurs where a premises is caught selling alcohol to under 18s twice in a consecutive 3 month period
No due-diligence defence for persistent underage sales
Voluntary closure of premises for between 2 and 14 days as an alternative to prosecution
Maximum penalty of an unlimited fine and/or suspension of the premises licence for up to 3 months
The offence of persistently selling alcohol to children is very serious and carries an unlimited fine and/or suspension of the premises licence for up to 3 months. As an alternative, there may be an option for the closure of the licensed premises for between 48 and 336 hours. In addition, the premises licence will be reviewed.

10. Can you guess this person’s age?
Eye contact is essential
Class Question
Can you guess the person’s age?
(You may receive a number of different answers to this question)
Explain that assessing a person’s likely age is subjective and very difficult (if not impossible) to do with any accuracy in a short space of time
This is why many licensed premises have adopted an under-25 policy. This allows for a margin of error as those selling alcohol have to assess whether a person looks under 25 or not
Reveal ‘eye contact is essential’ graphic and stress the importance of making eye contact when assessing likely age
Ask another question. Do you think the person looks under 25? If so, what action must be taken where a premises has a challenge 25 policy?

11. Proof-of-age policy
It is a mandatory condition for all premises licenced to sell alcohol to have an age verification policy in place
Best Practice Policy - anyone who appears to be under 21/25 must be asked to provide proof he/she is 18 or over
KEY POINT
No proof of age, no sale of alcohol
Class Question:
Which practical procedures do premises operators implement to prevent underage sales?
Discuss responses.
Many organisations have adopted a challenge 21 or challenge 25 policy for age-restricted products including alcohol. They will usually display posters and point-of-sale materials to inform customers of the policy
It is generally considered to be far easier to tell if someone is aged under 25 than it is to tell if someone is under 18
This policy allows for a margin of error
If you suspect the ID to be tampered with or fraudulent, refuse the sale
Ask candidates if they know of checks to spot fraudulent ID
Do they have an accepted form of ID?
Does photo match person?
Is name realistic?
Is DOB realistic?
Look the individual in the face to determine their age
Valid ID is always in the form of photographic evidence
The PASS scheme issues guidance on how to use such schemes
If the proof of age provided was apparently valid then this is a defence
Even if valid proof of age is provided the person does not have a right to be served
How do licenced premises prevent underage sales?

12. Acceptable ID
The following are most often acceptable. However, this may differ depending upon the policy of the premises:
A valid passport
A European Union photo card driving licence
A photographic identity card bearing the Proof-of-Age Standard Scheme (PASS) hologram
ID must, as a minimum, include a photograph and date of birth
The Home Office Guidance issued in July 2012 indicates that both provisional driving licences and military identification cards may also be accepted as proof of age. However, this is at the discretion of the business.
Delegates should be aware of the following commonly used fake ID:
national identification card
international/European driving permit
provisional motorcycle permit
Other cards offered by false ID websites include:
international student card
university library card
age card
British Students Union card
European identity card
European work permit card
freelance reporter licence
proof-of-age card
student offers card
Student Union card
United Kingdom entitlement card
United Kingdom identity card
international age card
national registry card
European Union travel card
ID check card
Which ID documents are acceptable in your premises?

13. Acceptable ID PASS accredited cards include a PASS hologram
Acceptable forms of ID include:
1ID4U
Citizen card
Young Scot
Validate UK
Age Entitlement card
Class Question – Answer
All forms of acceptable ID must include the holders photograph, date of birth and a holographic mark or ultraviolet feature.
KEY POINT
ID must include a photograph which is a true likeness of the person

14. Look out for ID which has been borrowed
Checking documents
Staff must be trained to check ID is valid and acceptable. Take the document, examine both sides carefully using the
5 point check:
Date of birth shows person is 18 or over
Photograph is a true likeness of the person
Hologram is present and genuine
Not a forgery, been altered or tampered with
Valid, current and has not expired
Discuss with candidates how they would check ID
Do they take the document from the customer and examine it?
What might they ask the customer so as to establish the ID belongs to the person? (date of birth, star sign etc.)
What would they do if they suspect ID is forged or borrowed?
Refuse if card is not flat or has raised edges around photo or hologram
KEY POINT
Look out for ID which has been borrowed

15. Age verification process
YES
Can they provide acceptable ID?
Go ahead with the sale
Does the customer look under 18? Or
Does the customer look under 21 or 25? (Where premises have a Challenge policy in place) NO
If in any doubt, refuse the sale
Refuse the sale NO
YES
Take ID and check:
Photograph
Date of birth
Hologram
Signs of forgery or tampering
Are you satisfied the customer is 18 or over?
This procedure provides a useful example of the process staff must undertake before making any sale of an age-restricted product. It’s in the form of a flow diagram to illustrate the different steps to be taken, depending upon the response and situation.
Everyone selling alcohol must be trained to check ID is valid and acceptable before a sale of alcohol takes place. NO
YES

16. Recording refusals What are the benefits of recording refusals?
Licensed premises should operate a system to record refusals – in a book, log or electronically
Refusals must be recorded accurately
May help to reduce the risk of underage sales
What are the benefits of recording refusals?
Provide a due diligence defence
Identify underage groups or individuals who regularly attempt to buy alcohol
Identify trends in use of false or borrowed ID
Useful for staff training
Managers must regularly check and inspect refusals logs to help identify trends such as staff who refuse sales more or less often than others.
Class Question
What are the benefits of recording refusals?
Discuss candidate responses.

17. Remember: LADS L
OOK
Look carefully at all persons attempting to buy alcohol A
SSESS
Assess their likely ages. Do they look under 18 (or under 21/25)? D
ECIDE
Decide whether or not to ask for proof-of-age documentation S
URE?
Make sure they are 18 or over. Is the documentation acceptable?

18. Test purchasing Test purchasing
A planned, attempted purchase of alcohol by a person under 18
KEY POINT
Test purchasing is carried out by police or weights and measures (trading standards) officers
£90 fixed penalty notice for failed test purchases
Following a failed test purchase a police officer or Trading Standards officer may issue a fixed penalty notice or a penalty notice of disorder (PND) to the person who made the sale. This notice is similar to a speeding ticket, in both appearance and effect
The recipient of the notice (the person who made the sale) will be asked to sign to confirm receipt of the notice. If the person does not sign to confirm receipt, they may find that the police will threaten to arrest them
This is the only occasion when sending an under-18 to purchase alcohol is legal
Weights and measures inspectors are part of Trading Standards

19. Causes of, and preventing, underage sales
Not looking at or making eye contact with customer
Lack of understanding about the law
Not checking ID
Authorising sales by under 18s without checking
Not implementing an age verification policy
Class Question:
How can underage sales be prevented?
Discuss ideas and responses.

20. Other age-restricted products
Tobacco and nicotine inhaling products
Videos/DVDs
Knives
Fireworks
Party poppers
Lighter refills
Solvents 18 12 15 18 18 18 16 18 18

21. Children on licensed premises
The operating schedule must show:
whether or not the nature and style of the premises would be appropriate for children
measures taken to protect children from any harm
where, when and under what circumstances children are welcome
This applies only to premises where the premises licence includes on-sales
There are few restrictions on the admission of children
The law does not discourage or encourage the admission of children. It is down to the premises to decide

22. Restriction on unaccompanied children
Legal restrictions on under 16s
Unaccompanied children under 16 are not allowed on:
On-licence premises used solely or mostly for the sale of alcohol
Any licensed premises between the hours of midnight and 5.00am when open.
Unaccompanied children may be allowed in licensed restaurants or other places where the sale of alcohol is not the primary purpose. They must be accompanied on any licensed premises between midnight and 5.00am.

23. How much do you know?
Which list contains only products which must never
be sold to a person under the age of 18?
Knives, cigarettes and party poppers
Knives, solvents and cigarettes
The correct answer is B.
Matches, lighter refills and fireworks
Fireworks, liqueur chocolates and knives