Regulatory crime
Serving Alcohol
The Police and Trading Standards regularly carry out enforcement crackdowns where they increase the number of visits to licensed premises to check that licensees and staff are aware of their legal obligations with regard to the sale of alcohol.
In the absence of a Personal Licence holder
It is recommended that Personal Licence holders give specific written authorisations to individuals that they are authorised to retail alcohol. A single written authorisation would be sufficient to cover multiple sales over an unlimited period. You can download a useful example of a form here .Underage Sales
Police and Trading Standards officers are permitted to send children into licensed premises to attempt to buy alcohol. If you serve them you may receive an on-the-spot penalty notice or you could be prosecuted. The process usually begins with an invitation to attend an interview under caution where you must be legally represented. A criminal prosecution is worrying enough in itself but may also lead to consideration of an application to review the licence. In some cases it may also lead to the closure of the premises for a specified period of time. Operators must train their staff in this area, keep records of refusals and take any due diligence precautions possible.Poppleston Allen has produced a training pack in association with the BBPA and WSTA for operators designed to protect your business from the threat of closure and financial penalties due to repeated underage sales for just £39.99. Click here for more information about this training pack .
Disorderly Conduct
Under the provisions of the 2003, anyone working in licensed premises must not:- Allow disorderly conduct
- Sell alcohol to someone who is already drunk
- Keep smuggled goods
With the current Government initiative on binge drinking, is the second point which tends to attract the attention of the enforcement officials and licensees and staff must be aware that they face criminal proceedings and fines if found guilty of permitting drunkenness on the premises. Operators must train their staff in this area, keep records of refusals and take any due diligence precautions possible.
