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Guidance for License Holders - Safeguarding Children on Licensed Premises

The Licensing Act 2003 and conditions relating to children

It is an offence:

  • to allow an unaccompanied child under 16 on premises holding a premises license or a club premises certificate or a temporary event notice that are used exclusively or primarily for the supply of alcohol (in effect, this applies to most pubs and bars where restaurant and food facilities are not provided as a permanent feature or attraction)
  • to allow an unaccompanied child under 16 to be on premises holding a premises licence or a club premises certificate or a temporary event notice between the hours of midnight and 5 a.m. when the premises are open for the supply of alcohol
  • for any person to sell alcohol to children anywhere, not just on licensed premises
  • for a child to buy or attempt to buy alcohol
  • for a child knowingly to consume alcohol on premises holding a premises licence or a club premises certificate or a temporary event notice
  • an exception to drinking alcohol is provided for an accompanied young person aged 16 or 17 where the alcohol is beer, wine or cider to be consumed during a table meal
  • the licensing laws extend to the whole of the premises rather than just the 'bar area

This therefore includes any outside area such as beer gardens or outside terraces.

Conditions

Restrictions may be placed on a licence or certificate following representation by a responsible authority or licensing authority and these are known as conditions. To protect children these usually relate to times, ages of children and any other measures deemed necessary to protect children. In accordance with the Secretary of State's Guidance to licensing authorities' three tiers of suitability are outlined:

1. For premises that have known associations with activities that could be harmful to children, there will be a strong presumption against allowing children to have access at any time.

2. For premises that do not serve alcohol for consumption on the premises but are open later than 11.00pm, there will be a presumption that unaccompanied children under 12 should not be there after that time.

3.For all other premises, there will be the expectation that there will be unrestricted access for children.

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