Underage Sales

The Licensing Act 2003

Hampshire County Council is not a licensing authority

You must apply to the Council where the premise is situated.

Licensing authorities

 

The Act affects any person who

  • Sells alcohol
  • Provides (Regulated) entertainment
  • Provides late night refreshments
  • Makes licensing applications

Each premise requires two types of licence

  • A premise licence – specific to the address (apply to the District Council where the premise is situated)
  • A personal licence – specific to a person and transportable (apply to the District Council where you live)
  • Hampshire County Council is not a licensing authority.

A Personal Licence only allows the holder to sell alcohol from premises that have a Premise Licence. All Premise Licences must have an identified Personal Licence Holder who is known as the Designated Premises Supervisor (DPS) who will usually be responsible for the day-to-day running of the premise. It is advisable that there is more than one person with a personal licence at a premise in order to cover for absences, holidays etc.

Every new application and variation of premise licence application in Hampshire must be copied to Trading Standards (and all responsible authorities) at the same time it is submitted to the District Council.

Objections/representations?

The applicant will need to discuss the objection with whoever made the objection, to try to resolve which criteria they have failed to meet. If this cannot be resolved then the licensing authority must hold a hearing to consider the grounds for objection. It may then modify the licence, impose conditions or even refuse the licence or variation.

Responsible authorities need to be notified

A number of specified ‘responsible authorities’ are required to be notified of all licence variations and new applications. These responsible authorities include the police, environmental health service, child protection service, fire and rescue, trading standards and from April 2012 Primary Care Trusts (PCT's). Each responsible authority can make representations regarding licence variations and new applications.

For example Trading Standards might make a representation that under 18s are excluded from the premises due to a history of illegal sales and poor controls regarding sales of alcohol to under 18s.

Further considerations

  • Ensure compliance with all current Trading Standards Legislation, particularly in respect of Weights and Measures, Food Standards, Prices and authenticity of product.
  • Provide appropriate training to staff to ensure compliance with the legislation.
  • Keep appropriate records if necessary to demonstrate training and any other steps taken to ensure compliance.
 

Licensing objectives

  • The prevention of crime and disorder
  • Public safety
  • The prevention of public nuisance
  • The protection of children from harm

The Criteria this service requires to meet ‘Objectives 1 and 4’ above: When completing Part: P(e) of the application form which is found in the Operating Schedule section, please make reference to the following:

  1. A written log shall be kept of all refusals including refusals to sell alcohol. The holder of the premises licence shall ensure that the refusals log is properly maintained and this shall involve, but is not limited to, nominating in writing a responsible person to check and sign it on a weekly basis.
  2. The holder of the premises licence shall ensure that every individual who appears to be under 21 years of age seeking to purchase or be supplied with alcohol at or from the premises shall produce means of identification acceptable to the licensing authority - passport, photo driving licence or PASS accredited photo ID - proving that individual to be 18 years of age or older. If the person seeking alcohol is unable to produce acceptable means of identification, no sale or supply of alcohol will be made to or for that person.
  3. All staff shall be trained to challenge every individual who appears to be under 21 years of age and to refuse service where individuals cannot produce acceptable means of identification. Such training shall be provided not less than every three months, and written records shall be kept of all training and refresher training.
  4. “Challenge 21” posters shall be displayed in prominent positions at the premises.