Children in bars

The problem

A village pub with a restaurant is expecting increased lunchtime demand over Christmas so the licensee would like to use the bar as a holding area for persons waiting for a table in the restaurant. He would like families with young children to be able to wait in the bar and is unsure if this is permissible.

The law

The Licensing Act 1964 prohibits children under 14 from being present in a bar. If this provision is breached, an offence is committed by the licensee, subject to a due-diligence defence, with a maximum fine of £200 on summary conviction.

However, the act contains exceptions to this, and a child under 14 may be present:

• If the child is resident at the premises.
• If he or she is passing through the bar area to get to some other part of the premises.
• If he or she is the child of the licensee.
• If a children's certificate is in force for the premises.

A licensee may apply to the licensing justices for a children's certificate to include all or part of any bar. The application is also served on the police. The licensing justices may grant the application if satisfied that any area to be certificated is a suitable environment for under-14s to be present, and that meals and non-alcoholic beverages will be available for consumption within the area.

Children's certificates will usually operate until 9pm, although the court may approve a later or earlier terminal hour, and after that time children must not be present within the area (although the act provides for 30 minutes of eating-up time). The court also has power to attach conditions to the grant of the certificate.

Expert advice

The premises appear not to have a children's certificate and, if so, the licensee should ensure that under-14s are not present within the bar. At the same time, an application should be made for a children's certificate. The licensee must be able to satisfy the court that the premises meet the two statutory criteria.

There is no legal definition of what constitutes a suitable environment, so this is a matter for the court's discretion. Any application must therefore be carefully thought out. Consideration should be given to making sure any area to be certificated is as child-friendly as possible. This could include designating part of the area as non-smoking, and ensuring that nappy-changing facilities will be available where very young children are likely to be present.

Food and soft drinks must be available within the bar, and also an area where meals can be eaten by children. While there is no specific requirement to have a children's menu, if one is provided it demonstrates that the licensee has taken the trouble to cater specifically for children.

In the present case, as the certificate is required simply to allow the bar to be used as a lunchtime holding area for the restaurant, the licensee should consider asking the court to impose an earlier terminal hour, such as 5pm.

Beware!

Some courts will try to impose restrictive and inappropriate conditions, or limit the areas covered when granting children's certificates.

The police have the power to oppose the application, so it is worth speaking to the licensing officer before any application is made.

If you do not have a children's certificate, make sure staff are aware of the law.

Problem premises or those attracting heavy drinkers are unlikely to be found to constitute a suitable environment by a court or the police.

If any difficulties arise, seek professional advice.

Check list

• Seek the views of the police.
• Provide a children's menu.
• Ensure there is an area in the bar where meals can be eaten.
• Think about installing nappy-changing facilities.
• Request an early terminal hour if the certificate is required only during the day.

Contacts

Jeremy Bark
020 7427 1122
E-mail: jeremy.bark@blplaw.com
Web site: www.blplaw.com