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 ) CCTV

The premises shall have sufficient cameras located within the premises to cover all public areas including outside of the premises covering the entrance and exit.  The system will be able to cope with strobe lighting (where used) and all levels of illumination throughout the premises as well as outside areas.

CCTV warning signs to be fitted in public places.

The CCTV system must be operating at all times whilst the premises are open for licensable activity. All equipment shall have a constant and accurate time and date generation.

The recording system will be able to capture a minimum of 4 frames per second and all recorded footage must be securely retained for a minimum of 28 days.

Records must be made on a weekly basis and kept for inspection to show that the system is functioning correctly and that data is being securely retained.

The DPS or premises manager must be able to demonstrate that the CCTV system has measures to prevent recordings being tampered with, i.e. password protected.

There shall be sufficient members of trained staff at the premises during operating hours to be able to provide viewable copies immediately to police on request when investigating allegations of offences or criminal activity.  Any images recovered must be in a viewable format on either disc or VHS. Footage supplied in a digital format on CD or DVD will also have a copy of the CCTV system software enabled on the disc to allow playback.

In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS MUST report the failure to the Police Licensing Unit within 24 hours.

2) Refusals book

A written log shall be kept of all refusals including refusals to sell alcohol. The Premises Licence Holder shall ensure that the refusals log is checked, signed and dated on a weekly basis by the store manager/manageress.

The refusals log will be kept and maintained at the premises and will be available for inspection immediately upon request by Hampshire Constabulary and any responsible authority.

The record of refusals will be retained for 12 months.

3) Challenge 25

There will be a Challenge 25 policy operating at the premises. Challenge 25 means that the holder of the premises licence shall ensure that every individual, who visually appears to be under 25 years of age and is seeking to purchase or be supplied with alcohol at the premises or from the premises, shall produce identification proving that individual to be 18 years of age or older.

Acceptable identification for the purposes of age verification will include a driving licence, passport or photographic identification bearing the PASS” logo and the persons date of birth.

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.

‘Challenge 25’ posters shall be displayed in prominent positions at the premises.

4) Training

Staff will be trained regarding appropriate precautions to prevent the sale of alcohol to persons under the age of 18, the signs and symptoms of drunk persons and the refusal of sale due to intoxication. Records will be kept of such training which must be signed and dated by the member of staff who has received that training.  

All staff will receive refresher training every six months as a minimum and  records are to be kept of this refresher training which should be signed and dated by the member of staff who received that training.

In addition to their training a written test related to the training given will be conducted before the staff member is permitted to sell or authorise alcohol. The test will consist of a minimum of ten questions of which the pass rate is 80%. Anyone who fails to reach the prescribed pass rate will be retrained and re-tested. Anyone not attaining the pass rate will not be permitted to sell or authorise the sale of alcohol until the pass rate is attained. There will be a minimum of two sets of questions to be used in the training which will be rotated upon each subsequent six month training session.

All training records will be made immediately available for inspection by Hampshire Constabulary and any responsible Authority upon request.  Training records will be kept for a minimum period of two years. Training records will be kept on the licensed premises to which they relate to.

 

The Information Commissioner's Office (ICO) has re-iterated its warning to businesses to register use of CCTV equipment at their premises following prosecution of a bar owner who failed to do so.

A Lancashire bar owner was recently prosecuted by the ICO for failing to register his premises' use of CCTV despite several reminder letters from the ICO. The operator was fined £100 and ordered to pay £250 prosecution costs by Blackpool Magistrates along with an additional £15 victim surcharge.

Licensee should be aware that under the Data Protection Act notification is a legal requirement for organisations processing and collecting CCTV images. Therefore it is important that businesses who operate CCTV equipment notify the ICO, as failure to notify is a criminal offence.