Licensing Act 1964 (repealed)

Persons under eighteen E+W

168 Children prohibited from bars. E+W

(1) The holder of a justices’ licence shall not allow a person under fourteen to be in the bar of the licensed premises during the permitted hours.

(2) No person shall cause or procure, or attempt to cause or procure, any person under fourteen to be in the bar of licensed premises during the permitted hours.

(3) Where it is shown that a person under fourteen was in the bar of any licensed premises during the permitted hours, the holder of the justices’ licence shall be guilty of an offence under this section unless he proves either—

(a) that he [F1 exercised all] due diligence to prevent the person under fourteen from being admitted to the bar, or

(b) that the person under fourteen had apparently attained that age.

[F2 (3A) No offence shall be committed under subsection (1) of this section if—

(a) the person under fourteen is in the bar in the company of a person who is eighteen or over,

(b) there is in force a certificate under section 168A(1) of this Act relating to the bar, and

(c) the certificate is operational or subsection (3B) of this section applies.

(3B) This subsection applies where—

(a) the person under fourteen, or a person in whose company he is, is consuming a meal purchased before the certificate ceased to be operational, and

(b) no more than thirty minutes have elapsed since the certificate ceased to be operational.

(3C) No offence shall be committed under subsection (2) of this section if the person causes or procures, or attempts to cause or procure, the person under fourteen to be in the bar in the circumstances mentioned in paragraphs (a) to (c) of subsection (3A) of this section.]

(4) No offence shall be committed under this section if the person under fourteen—

(a) is the licence-holder’s child, or

(b) resides in the premises, but is not employed there, or

(c) is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

(5) No offence shall be committed under this section if the bar is in any railway refreshment-rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of a justices’ licence is merely ancillary.

(6) If any person contravenes this section he shall be liable, on a first conviction to a fine not exceeding [F3 level 1 on the standard scale], and on a subsequent conviction to a fine not exceeding [F3 level 1 on the standard scale].

(7) A local education authority may institute proceedings for an offence under this section.

(8) Where in any proceedings under this section it is alleged that a person was at any time under fourteen, and he appears to the court to have then been under that age, he shall be deemed for the purposes of the proceedings to have then been under that age, unless the contrary is shown.

Textual Amendments

F1 Words substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 16

F2 S. 168(3A)-(3C) inserted (3.1.1995) by 1994 c. 40, s. 19(1); S.I. 1994/3188, art. 3

F3 Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6)(9) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

[F4 168A Children’s certificates. E+W

(1) The holder of a justices’ licence may apply to the licensing justices for the grant of a certificate in relation to any area of the premises for which the licence is in force which consists of or includes a bar.

(2) Licensing justices may grant an application for a certificate under subsection (1) of this section (“a children’s certificate") if it appears to them to be appropriate to do so, but shall not do so unless they are satisfied—

(a) that the area to which the application relates constitutes an environment in which it is suitable for persons under fourteen to be present, and

(b) that meals and beverages other than intoxicating liquor will be available for sale for consumption in that area.

(3) Where a children’s certificate is in force, the holder of the justices’ licence for the licensed premises to which the certificate relates shall keep posted in some conspicuous place in the area to which the certificate relates a notice which—

(a) states that a children’s certificate is in force in relation to the area, and

(b) explains the effect of the certificate and of any conditions attached to it.

(4) A person who fails to perform the duty imposed on him by subsection (3) of this section shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 1 on the standard scale.

(5) In any proceedings for an offence under subsection (4) of this section, it shall be a defence for the accused to prove that he took all reasonable precautions, and exercised all due diligence, to avoid the commission of the offence.

(6) Schedule 12A to this Act (supplementary provisions) shall have effect.

(7) Subsection (1) of this section shall apply to an applicant for a justices’ licence as it applies to the holder of a justices’ licence, and, in its application by virtue of this subsection, shall have effect as if the reference to the premises for which the licence is in force were to the premises which are the subject of the application for a justices’ licence.]

Textual Amendments

F4 S. 168A inserted (3.1.1995) by 1994 c. 40, s. 19(2); S.I. 1994/3188, art. 3

[F5 169A Sale of intoxicating liquor to a person under 18. E+W

(1) A person shall be guilty of an offence if, in licensed premises, he sells intoxicating liquor to a person under eighteen.

(2) It is a defence for a person charged with an offence under subsection (1) of this section, where he is charged by reason of his own act, [F6 to prove—.

(a) that he believed that the person was not under eighteen; and

(b) either that he had taken all reasonable steps to establish the person’s age or that nobody could reasonably have suspected from his appearance that the person was under eighteen.

(2A) For the purposes of subsection (2) of this section a person shall be treated as having taken all reasonable steps to establish another person’s age if he asks the other person for evidence of his age unless it is shown that the evidence was such that no reasonable person would have been convinced by it.]

(3) It is a defence for a person charged with an offence under subsection (1) of this section, where he is charged by reason of the act or default of some other person, to prove that he exercised all due diligence to avoid the commission of an offence under that subsection.

(4) Subsection (1) of this section has effect subject to section 169D of this Act.]

Textual Amendments

F5 S. 169A-169H substituted (23.1.2001) for s. 169 by 2000 c. 30, ss. 1, 3(2)

F6 S. 169A(1)(a)(b)(2A) and words substituted (1.12.2001) for words in s. 169A(2) by 2001 c. 16, s. 30(1) (with s. 30(2)); S.I. 2001/3736, art. 2

F7 169B Allowing the sale of intoxicating liquor to a person under 18. E+W

(1) A person to whom this subsection applies shall be guilty of an offence if, in licensed premises, he knowingly allows any person to sell intoxicating liquor to a person under eighteen.

(2) Subsection (1) of this section applies to a person who works in the licensed premises in a capacity, whether paid or unpaid, which gives him authority to prevent the sale.

(3) Subsection (1) of this section has effect subject to section 169D of this Act.

Textual Amendments

F7 S. 169A-169H substituted (23.1.2001) for s. 169 by 2000 c. 30, ss. 1, 3(2)

F8 169C Purchase of intoxicating liquor by or for a person under 18. E+W

(1) A person under eighteen shall be guilty of an offence if, in licensed premises, he buys or attempts to buy intoxicating liquor.

[F9 (1A) Subsection (1) of this section does not apply where the person under eighteen buys or attempts to buy the intoxicating liquor at the request of—

(a) a constable, or

(b) an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985 (c. 72),

who is acting in the course of his duty.]

(2) A person shall be guilty of an offence if, in licensed premises, he buys or attempts to buy intoxicating liquor on behalf of a person under eighteen.

(3) A person shall be guilty of an offence if he buys or attempts to buy intoxicating liquor for consumption in a bar in licensed premises by a person under eighteen.

(4) It is a defence for a person charged with an offence under subsection (2) or (3) of this section to prove that he had no reason to suspect that the person was under eighteen.

(5) Subsections (1) and (2) of this section have effect subject to section 169D of this Act.

Textual Amendments

F8 S. 169A-169H substituted (23.1.2001) for s. 169 by 2000 c. 30, ss. 1, 3(2)

F9 S. 169C(1A) inserted (1.12.2001) by 2001 c. 16, s. 31(1); S.I. 2001/3736, art. 2

F10 169D Exception to the section 169A-C offences. E+W

Sections 169A(1), 169B(1), and 169C(1) and (2) of this Act do not apply where—

(a) the person under eighteen has attained the age of sixteen,

(b) the intoxicating liquor in question is beer, porter or cider, and

(c) its sale or purchase is for consumption at a meal in a part of the licensed premises which is not a bar and is usually set apart for the service of meals.

Textual Amendments

F10 S. 169A-169H substituted (23.1.2001) for s. 169 by 2000 c. 30, ss. 1, 3(2)

F11 169E Consumption of intoxicating liquor by a person under 18. E+W

(1) A person under eighteen shall be guilty of an offence if, in a bar in licensed premises, he consumes intoxicating liquor.

(2) A person to whom this subsection applies shall be guilty of an offence if, in licensed premises, he knowingly allows a person under eighteen to consume intoxicating liquor in a bar.

(3) Subsection (2) of this section applies to a person who works in the licensed premises in a capacity, whether paid or unpaid, which gives him authority to prevent the consumption.

Textual Amendments

F11 S. 169A-169H substituted (23.1.2001) for s. 169 by 2000 c. 30, ss. 1, 3(2)

F12 169F Delivery of intoxicating liquor to a person under 18. E+W

(1) A person who works in licensed premises, whether paid or unpaid, shall be guilty of an offence if he knowingly delivers to a person under eighteen intoxicating liquor sold in those premises for consumption off the premises.

(2) A person to whom this subsection applies shall be guilty of an offence if he knowingly allows any person to deliver to a person under eighteen intoxicating liquor sold in licensed premises for consumption off the premises.

(3) Subsection (2) of this section applies to a person who works in the licensed premises in a capacity, whether paid or unpaid, which gives him authority to prevent the delivery.

(4) Subsections (1) and (2) of this section do not apply where—

(a) the delivery is made at the residence or working place of the purchaser, or

(b) the person under eighteen works in the licensed premises in a capacity, whether paid or unpaid, which includes the delivery of intoxicating liquor.

Textual Amendments

F12 S. 169A-169H substituted (23.1.2001) for s. 169 by 2000 c. 30, s. 1, 3(2)

F13 169G Sending a person under 18 to obtain intoxicating liquor. E+W

(1) A person shall be guilty of an offence if he knowingly sends a person under eighteen for the purpose of obtaining intoxicating liquor sold or to be sold in licensed premises for consumption off the premises.

(2) Subsection (1) of this section applies regardless of whether the liquor is to be obtained from the licensed premises or from other premises from which it is delivered in pursuance of the sale.

(3) Subsection (1) of this section does not apply where the person under eighteen works in the licensed premises where the sale has been or is to be made, in a capacity, whether paid or unpaid, which includes the delivery of intoxicating liquor.

[F14 (4) Subsection (1) of this section does not apply where the person under eighteen is sent by—

(a) a constable, or

(b) an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985 (c. 72),

who is acting in the course of his duty.]

Textual Amendments

F13 S. 169A-169H substituted (23.1.2001) for s. 169 by 2000 c. 30, ss. 1, 3(2)

F14 S. 169G(4) inserted (1.12.2001) by 2001 c. 16, s. 31(2); S.I. 2001/3736, art. 2

F15 169H Penalty for offences. E+W

(1) A person guilty of an offence under section 169A, 169B, 169C, 169E, 169F, or 169G of this Act shall be liable to a fine not exceeding level 3 on the standard scale.

(2) Where the holder of a justices’ licence is convicted of any of the offences referred to in subsection (1) and the licence is held in respect of the licensed premises in relation to which the offence was committed, the court may order that he shall forfeit the licence if—

(a) he already has one or more convictions of that or any other offence referred to in subsection (1) of this section, or

(b) he already has one or more convictions of an offence under section 169 of this Act.

Textual Amendments

F15 S. 169A-169H substituted (23.1.2001) for s. 169 by 2000 c. 30, ss. 1, 3(2)

[F16 169I Enforcement role for weights and measures authorities in relation to certain offences E+W

(1) It is the duty of every local weights and measures authority in England and Wales to enforce within their area the provisions of sections 169A and 169B of this Act.

(2) A local weights and measures authority shall have power to make, or to authorise any person to make on their behalf, such purchases of goods as may appear expedient for the purpose of determining whether or not the provisions of section 169A or 169B of this Act are being complied with.

(3) In this section “local weights and measures authority” has the meaning given by section 69 of the Weights and Measures Act 1985 (local weights and measures authorities).]

Textual Amendments

F16 S. 169I inserted (1.12.2001) by 2001 c. 16, s. 31(3); S.I. 2001/3736, art. 2

169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

170 Persons under 18 not to be employed in bars. E+W

(1) If any person under eighteen is employed in any bar of licensed premises at a time when the bar is open for the sale or consumption of intoxicating liquor, the holder of the licence shall be liable on a first conviction to a fine not exceeding five pounds and on a subsequent conviction to a fine not exceeding twenty pounds.

[F22 (1A) Subsection (1) of this section shall not apply where—

(a) the person employed is of or over the age of sixteen; and

(b) the employment is under a training scheme approved for the purposes of section 170A of this Act by the Secretary of State.]

(2) For the purposes of this section a person shall not be deemed to be employed in a bar by reason only that in the course of his employment in some other part of the premises he enters the bar for the purpose of giving or receiving any message or of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

(3) For the purposes of this section a person shall be deemed to be employed by the person for whom he works notwithstanding that he receives no wages for his work.

(4) Where in any proceedings under this section it is alleged that a person was at any time under eighteen, and he appears to the court to have then been under that age, he shall be deemed for the purposes of the proceedings to have then been under that age unless the contrary is shown.

Textual Amendments

F22 S. 170(1A) inserted (7.3.1997) by S.I. 1997/957, art. 2(1)

Modifications etc. (not altering text)

C2 S. 170(1): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

[F23 170A Employment in bars under approved training schemes E+W

(1) The Secretary of State may approve for the purposes of this section any training scheme which relates to the employment in bars of licensed premises of persons under eighteen if he is satisfied—

(a) that the scheme includes satisfactory arrangements for the approval—

(i) of the persons to whom training is provided under it (“trainees"), and

(ii) of licensed premises participating in it;

(b) that, in relation to any person or premises approved under the arrangements mentioned in paragraph (a) of this subsection, the scheme includes satisfactory arrangements for the provision of documentary evidence of the approval to that person or, as the case may be, the holder of the justices’ licence for those premises;

(c) that the scheme includes satisfactory arrangements for monitoring—

(i) the quality of training provided under it, and

(ii) the progress of trainees;

(d) that, in relation to the provision under the scheme of training in a bar, the scheme includes satisfactory arrangements for ensuring that there is adequate supervision of trainees;

(e) that, in relation to the supervision mentioned in paragraph (d) of this subsection, the scheme includes arrangements for the provision to the holder of the justices’ licence for the licensed premises of a statement of—

(i) the criteria to be used by the holder of the licence in determining whether persons are fit to supervise trainees, and

(ii) the duties of persons supervising trainees; and

(f) that the scheme provides that licensed premises shall cease to be approved for participation in the scheme if trainees are not adequately supervised in their training in any bar of the premises.

(2) A scheme shall not be taken for the purposes of paragraph (d) of subsection (1) of this section to include satisfactory arrangements for ensuring that there is adequate supervision of trainees if it fails to provide—

(a) that supervision is to be undertaken by the holder of the licence or a person of or over the age of eighteen who acts on his behalf, or

(b) that, when the trainee is present in a bar which is open for the sale or consumption of intoxicating liquor, the person supervising the trainee must be present on the licensed premises and must be present in the bar unless his absence from the bar is—

(i) unavoidable,

(ii) necessary for carrying on the licence holder’s business, or

(iii) necessary to facilitate the trainee’s development under the scheme.

(3) Where a person under eighteen is employed under a training scheme approved for the purposes of this section in any bar of licensed premises at a time when the bar is open for the sale or consumption of intoxicating liquor, and

(a) the time falls outside—

(i) the general licensing hours, and

(ii) any period during which the consumption of intoxicating liquor is permitted by virtue of section 63(1) of this Act; or

(b) the holder of the licence has not notified the chief officer of police that the licensed premises will be participating in the scheme,

the holder of the licence shall be liable to a fine not exceeding level 1 on the standard scale.]

Textual Amendments

F23 S. 170A inserted (17.3.1997) by S.I. 1997/957, art. 2(2)

171 Exclusion from sections 168 to 170 of bars while in regular use for service of table meals. E+W

References in the foregoing provisions of this Part of this Act to a bar do not include a bar at any time when it is usual in the premises in question for it to be, and it is,—

(a) set apart for the service of table meals; and

(b) not used for the sale or supply of intoxicating liquor otherwise than to persons having table meals there and for consumption by such a person as an ancillary to his meal.

[F24 171A Prohibition of unsupervised off-sales by persons under 18. E+W

(1) In any premises which are licensed for the sale of intoxicating liquor for consumption off the premises only or any off-sales department of on-licensed premises, the holder of the licence shall not allow a person under eighteen to make any sale of such liquor unless the sale has been specifically approved by the holder of the licence or by a person of or over the age of eighteen acting on his behalf.

(2) The reference in subsection (1) of this section to an off-sales department of on-licensed premises is a reference to any part of premises for which a justices’ on-licence has been granted which is set aside for use only for the sale of intoxicating liquor for consumption off the premises.

(3) A person guilty of an offence under this section shall be liable to a fine not exceeding level 1 on the standard scale.]

Textual Amendments

F24 S. 171A inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 18