I'm concerned about the amount of regulation I seem to be facing as a licensee, particularly the issues surrounding underage drinking and spot checks. If my staff are caught serving underage drinkers my licence could be at risk. What can I do about this?

Alan Kefford, Howes Percival Solicitors
The Government has placed great emphasis on the need to protect children from harm in the new legislation. The penalty for selling alcohol to those under age has been increased from £1,000 to £5,000. It applies to a sale anywhere, not just on licensed premises.

Not only is the employer at risk of prosecution but also the staff. As an employer, you have a defence to the actions of your staff if you can satisfy the court that you've shown all due diligence in avoiding commission of the offence, namely:

• Ensure that all staff involved in the supply of alcohol receive appropriate induction and ongoing training.
• A record should be kept of the training with the signature of the employees, acknowledging that they've received it.
• Staff need to know that they, too, can be prosecuted and what the penalties are.
• Staff should be aware that it's also a disciplinary issue that could result in the loss of their job. This should be in the staff handbook.
• Staff who hold personal licences should be reminded that magistrates, in addition to a fine, can suspend the licence for up to six months, or even forfeit it.
• Notices about underage drinking should be strategically placed at all entrances and at any point of sale.

Staff must be aware that, in any case where they are doubtful as to the age of the customer, they must ask for photographic ID - passport, driving licence or a proof of age scheme card carrying the PASS logo.

Finally, if there are several incidents of underage selling, the police will almost certainly ask the licensing authority to review the premises licence, which could lead to its suspension for up to three months or, even revocation.
www.drinkslaw.com

Graeme Cushion, Poppleston Allen
You're right to be concerned over the amount of regulation, specifically with regard to underage sales. The word is that the Government has given the green light to police forces to do whatever's required to stamp out the problem.

A lot of resources are therefore available to police and trading standards in terms of carrying out test-purchasing exercises, including sending children into licensed premises to try to buy alcohol - although they're not allowed to lie about their age or deliberately make themselves look older than they are. The problem for the licensee is that an offence is also potentially committed by them by virtue of their bartender's mistake.

It's a defence for the licensee to show that he or she has taken all reasonable precautions to prevent the offence. This normally needs proof that staff  have been properly trained on the issue of underage sales.

If the regulators are going to spend time and money enforcing this issue, it's important for licensees to deal with it in a similar fashion. New staff must be trained before they start working, and this must be clearly documented. Refresher training should also be carried out.
As a licensee, it's important to lead by example and to ensure that staff are challenging for identification during shifts. Refusal logs are a useful method of demonstrating that the system is being operated correctly. While these are cumbersome - especially during busy periods - it's now possible to have something incorporated within your till system to record refusals without staff members having to spend too much time away from normal duties.

You should also introduce a "challenge 21 or above" policy as a safety net to your staff when they challenge for identification.
www.popall.co.uk

Michael Martin, LicensingAct.com
It's illegal to sell or supply certain products to people under a specific age. By selling such goods, you may be committing a criminal offence, which may result in heavy fines. Remember, trading standards and the police use underage volunteers to check that businesses aren't selling "age-restricted products" to underage customers.

Your business could be caught out, not just by an illegal attempt by a minor to buy an age-restricted product, but ironically by a test-purchase exercise from the local authorities assisted by a minor.

Vigorous enforcement of the new laws has already begun. Licensees must implement and maintain the child-protection procedures outlined in their operating schedules.

Display "in-your-face" warning notices about underage sales. Do you want to be part of a chain of events that inadvertently supplies a minor with liqueur chocolate and results in the premises supervisor getting a criminal record?

Make sure all staff are aware that in general, under-21s should be politely challenged for proof of age. This is not so difficult if there are sufficient warning notices to support this policy.

Premises supervisors must implement training procedures and fully document these to show they have taken all reasonable steps to comply with the law. A refusal register is also a must, as this may help to identify recurring patterns of activity, or pinpoint certain rogue individuals.

Information-sharing partnerships between licensees (like Pub Watch) can help stop peripatetic drink problems. This is useful when suspected underage or problem drinkers are testing their luck among a cluster of responsible licensed premises.
www.licensingact.com

Our experts answer your questions

Do you have a business issue you want to put before Caterer's panel of experts, drawn from all areas of the hospitality industry? E-mail: david.shrimpton@rbi.co.uk