As a pub landlord or other licence holder, it’s important to understand the law relating to children in pubs and other licensed premises. Breaking the law in this area can have serious consequences for you and your business.
Are children allowed in pubs?
In the UK, pubs and other licensed premises must follow the conditions set under their individual premises licence. The premises licence may include any or all of the following:
a. Restrictions on the hours when children may be present.
b. Restrictions on the parts of the premises to which children under a certain age may have access, such as prohibiting children from the bar area.
c. Restrictions or exclusions on the presence of children under a certain age when particular activities are taking place.
Generally speaking, children may be allowed to enter a pub, or other licensed premises, unless there is a specific licence condition that states children are not to be permitted. However, licensees typically operate their own policy on children to help manage risk and avoid penalties for breaching their licence.
For example, if your pub is open all day, you may require accompanied children to leave by a certain time. Or you may simply decide you want an adults-only venue and not allow any under-18s onto the premises at any time. ‘Blanket’ rules like this can often be easier to implement and enforce.
Requirements for children to be accompanied by an adult
As a licensee, you have overall discretion over who is permitted entry to your premises and at what times, and whether to refuse to serve someone. However, it is an offence to allow a child under the age of 16 to be unaccompanied on licensed premises (i) at any time when the premises are being used exclusively or primarily for the supply and consumption of alcohol, or (ii) between midnight and 5am when the premises are open for on-sales of alcohol on that day. In other words, after midnight an under-16 must not be on the premises unless accompanied by an adult. The “food-led” nature of a venue does not disapply the midnight to 5am rule for unaccompanied under-16s.
As a licence holder you will not commit an offence if:
a. The unaccompanied child is on the premises solely for the purpose of passing to or from some other place and there is no other convenient means of access or egress.
b. You reasonably believed, having taken all reasonable steps to establish age, that the person was 16 or over (or that the accompanying individual was 18 or over), or no one could reasonably have suspected from the individual’s appearance that they were under the relevant age.
Can children drink alcohol in pubs?
The law is also strict in relation to the consumption of alcohol by anyone under the age of 18 on licensed premises. In England and Wales:
a. It is illegal to sell alcohol to someone under the age of 18 anywhere.
b. It is illegal for someone under the age of 18 to buy or attempt to buy alcohol.
c. It is illegal for an adult to buy or attempt to buy alcohol on behalf of someone under the age of 18 (proxy purchase).
d. It is an offence for an adult to buy alcohol for someone under the age of 18 for consumption on licensed premises, except beer, wine or cider for a 16 or 17 year-old to drink with a table meal, provided they are accompanied by an adult.
e. It is illegal to supply spirits to a 16 or 17 year-old on licensed premises, even with a table meal and adult accompaniment.
f. A person under 18 must not drink alcohol in licensed premises, except that a 16 or 17 year-old may drink (but not buy) beer, wine or cider with a table meal if accompanied by an adult.
Penalties for breaking the law
It is not uncommon for the police or trading standards to test licensees and their staff on the laws relating to children in pubs. Offences arising out of unaccompanied children and underage sales can attract tough financial penalties, as well as the risk of temporary closure or revocation of your licence.
For permitting an unaccompanied child under the age of 16 to be on your premises during opening hours where you fall within the restriction, you will be liable on summary conviction to a fine of up to £1,000.
If you are found guilty of selling alcohol to a child under the age of 18, you will potentially be at risk from the following:
a. An unlimited fine, unless it can be shown that reasonable steps were taken to verify the customer’s age.
b. A closure notice or order following persistent underage sales, which in certain cases can require closure for a period of up to 14 days as an alternative to prosecution.
c. A potential suspension or revocation of your licence for breach of the licensing objective relating to the protection of children from harm.
How can I avoid breaking the law?
If you are pub landlord or other licensee, you should take all necessary steps to prevent unaccompanied children from entering your premises and to avoid underage sales, or risk tough penalties.
It is in any event a mandatory requirement for all licensed premises to have an age verification policy in relation to the sale or supply of alcohol. Many licensees use Challenge 21 or Challenge 25.
These are retailing strategies whereby anyone buying alcohol who appears to be below the ages of 21 or 25, can be asked to provide an acceptable form of ID. This must be identification bearing their photograph, date of birth, and either a holographic mark or ultraviolet feature.
The following steps are just some of the other ways in which you can demonstrate your commitment to responsible licensing:
a. Provide regular staff training on the law relating to unaccompanied children on licensed premises and underage sales, and how to verify a customer’s age. This should include what are acceptable forms of ID and how to spot fake ID.
b. Only accept suitable forms of ID as proof of age, ie; photographic driving licence, a passport or a proof of age card, such as the PASS card from the national Proof of Age Standards Scheme bearing the PASS hologram.
If you are unsure about the validity of any ID, use your discretion to refuse entry or service. It is also within your discretion as a licensee to refuse a proxy sale, for example, the sale of alcohol made by an adult on behalf of a child aged 16 or 17 with a table meal.
Display posters in prominent places, for example, at the door and behind the bar, to advertise your age verification policy. This will help not only deter underage customers, but will help to back up any challenge that your staff may be required to make.
Support your staff in applying your age verification policy. Any difficult decisions made by staff not to serve a customer alcohol or to permit entry should not be undermined.
If you run a public house or other licensed premises that serve food, it may be difficult to determine whether those premises are primarily used for the supply of alcohol to which the restriction relating to unaccompanied children will apply. It is therefore advisable to discuss this issue with enforcement agencies to establish where you stand.
FAQ
Are children allowed in pubs?
Yes, children can be allowed in pubs under conditions set by the premises licence, such as restricted hours or areas where children may be present. The decision often rests with the pub’s policy, and children under 16 must not be unaccompanied between midnight and 5am on days the premises are open for on-sales of alcohol. Additional restrictions can be set by the licensing authority through licence conditions.
Can children drink alcohol in pubs?
It’s illegal for someone under 18 to buy alcohol, attempt to buy alcohol, or for an adult to buy alcohol for them, except that 16 and 17-year-olds may consume beer, wine or cider with a table meal if accompanied by an adult. They cannot buy the alcohol themselves and spirits remain prohibited.
What are the supervision requirements for children in pubs?
There are no fixed national hours for supervised children to be present in pubs. Supervision rules and any curfews derive from the Licensing Act provisions and from premises-specific licence conditions. Under-16s must not be on the premises unaccompanied between midnight and 5am, and unaccompanied under-16s are also prohibited whenever the premises are being used exclusively or primarily for the supply and consumption of alcohol.
Can babies and toddlers go to pubs, including beer gardens?
Yes, babies and toddlers can accompany adults in pubs, including beer gardens, subject to any premises licence conditions and the licence holder’s policy. Usual health and safety duties and age-verification policies still apply where alcohol is supplied.
What time do children have to leave a pub?
There are no blanket national times. Licence conditions and the statutory midnight-to-5am rule for unaccompanied under-16s apply. Many venues set earlier house policies for operational reasons.
Are there any areas in pubs where children are not allowed?
There is no general national ban on children being in a bar area, but the licensing authority can impose conditions that restrict access to certain areas or times. Many premises also adopt their own policies in line with those conditions.
Can children be at the bar in pubs?
This depends on the premises licence conditions and the operator’s policy. Some licences restrict children from bar counters or designated areas; others allow access if supervised.
How does the presence of children in pubs vary by UK region?
Licensing laws differ in Scotland and Northern Ireland. The information above reflects England and Wales. Premises should check local law and licence conditions set by their licensing authority.
Legal disclaimer
The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
