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A Whistlestop Q & A On Children and Young Persons in Licensed Premises

Navigating the world of licensing and regulations for children and young persons can be complex. Whether you're working in the hospitality sector, a parent, guardian, child or young person yourself, understanding the legal requirements is crucial. Let's dive into the essentials of licensing for children and young persons!  

  1. What is the definition of children and young persons in the Licensing (Scotland) Act 2005?
    Children are 0 - 15 years old, and young persons are 16- and 17-year-olds.

  2. At what age is it legal to buy alcohol?
    It is an offence for someone under 18 to buy or attempt to buy alcohol either for themselves or another person.

    The Licensing (Scotland) Act 2005 defines alcohol as "spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor".

    One of the exemptions is alcohol, which has a strength of 0.5% or less. This means that a child or a young person may buy non-alcoholic beer or spirits. In practice, however, retailers may impose their own policies and decide to treat these drinks in the same way as alcoholic ones.

  3. At what age is it legal to drink alcohol?
    It is an offence for under-18s to consume alcohol on licensed premises. Young persons can, however, drink beer, wine, cider, or perry bought by an adult if they are having a meal. This is subject to the manager's discretion.

  4. Can an adult buy alcohol for someone under 18?
    Apart from the exception above for young persons with a meal, it is an offence for an adult to buy or attempt to buy alcohol on behalf of or for someone under 18 on licensed premises. This includes someone under 18 giving an adult money to purchase alcohol for them from a shop or an adult buying them a drink in a pub. It is also an offence to supply a young person with alcohol in a public place.

    It is not an offence to give or make available alcohol to a child or young person for consumption other than in a public place, i.e. within your home, or for the purposes of religious worship.

  5. What parts of an on-sales premises are children and young persons permitted to access?
    Premises do not have to admit children and young persons. Which part(s) of a premises children and young persons can access will vary by venue and depend on the contents of the premises licence and, more specifically, the operating plan. Generally, children and young persons will not be permitted to access the immediate bar area. The premises must display a notice at each entrance detailing the children and young persons' access, including that they are not admitted if that is the case.

  6. What times can children and young persons access licensed premises?
    Again, this will vary depending on the venue, the contents of the operating plan, and each Licensing Board's policy. It is common for children and young persons to be admitted to premises until 9 pm/10 pm or until the conclusion of a meal or function; however, some licences have much more lenient permissions.

  7. Can children and young persons work in licensed premises?
    Yes, it is legal for children and young persons to work in licensed premises. However, they can't sell alcohol in an on-sales under any circumstances. They can serve or supply alcohol if it is being consumed alongside a meal and they are specifically authorised to do so each time by an adult over the age of 18. They cannot make the sale or take payment, only serve or supply. Similarly, children and young persons may sell alcohol for consumption off the premises if it is specifically authorised by an adult.

Clear communication of policies and adhering to operating plans are essential in establishing a safe and welcoming atmosphere for all patrons. If you have any questions or need guidance, our dedicated licensing specialists are here to help. We understand that every business faces unique challenges and are committed to understanding yours. We invite you to contact us now at 0141 333 0636 to discuss your requirements.  

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