Department for Culture Media and Sport
The ‘protection of children from harm’ is one of the four licensing objectives of the Licensing Act 2003 ("the Act").
Under the Licensing Act 2003, it is illegal for children under 18 years old to:
It is also illegal for anyone to make a ‘proxy purchase’ for a child, that is buying alcohol on behalf of or for a child.
It is illegal for unaccompanied children under 16 to be allowed on premises licensed for use exclusively or primarily for the supply of alcohol. This applies to premises with a premises licence, a club premises certificate or a permitted temporary event notice.
This includes most pubs and bars where restaurant and food facilities are not provided as a permanent feature or attraction. Some pubs that serve food may feel that the primary purpose of their establishment is not just the supply of alcohol.
Between midnight and 5am it is also illegal for unaccompanied children under 16 to be allowed into any premises supplying alcohol for consumption there, whether or not it is the exclusive or primary use of the establishment. For example, nightclubs.
No offence will be committed if the unaccompanied child is on premises solely for the purpose of passing to or from some other place where there is no other convenient means of access.
Overview of offences under the Act relating to children
The maximum fine for selling or supplying alcohol to children is £5,000. Personal licences can be suspended or forfeited at first offence.
An offence of ‘persistently selling alcohol to children’ can be committed if, on two or more different occasions within three months, alcohol is sold on the same premises to a person aged under 18.
The penalty for this offence on summary conviction will be a fine of up to £10,000 and, where the offender is a premises licence holder, the premises licence to sell alcohol could be suspended for up to three months.
The police and trading standards have the option of giving a ‘closure notice’ for this offence, prohibiting the sale of alcohol for up to 48 hours. If the notice is accepted by the premises licence holder, criminal liability for the alleged offence will be discharged.
Licensing authorities can attach conditions relating to children's access, to reflect the individual nature of an establishment, if relevant representations (objections from local residents, local councillors, the police, social services, other authorities and interested parties) are made and it is necessary to protect children from harm. For the purposes of the Act, ‘harm’ refers to physical, psychological and moral harm, including dangers like:
For more details about conditions and restrictions, read the Licensing guidance issued under Section 182 of the Licensing Act.
The Act increases the maximum fine for selling or supplying alcohol to children to £5,000. Personal licences can be suspended or forfeited at first offence.