Putting the alcohol record straight

Sep 4 2009

I AM writing concerning your article headed ‘Teen booze laws are food for thought’ (Post August 28) as I am concerned about its possible consequences.

The pretext upon which the article is based is incorrect. It is not legal for persons under 18 to purchase alcohol for themselves as ancillary to a meal under the new legislation – the Licensing [S] Act 2005, which came into effect this week.

Whilst it was legal previously under the licensing [S]Act 1976 for a person aged 16 or over to purchase alcohol for consumption at a meal on the premises, it was restricted to the dining room/area and not a bar.

The new 2005 Act lays down five licensing principles, one of which is the protection of children from harm.

The law has been amended and the ability for 16 to 18 year olds to purchase a restricted range of alcohol for their own consumption with a meal has been removed.

The position is now in terms of the Licensing[S]Act 2005 is that it is illegal for anyone under 18 to purchase alcohol under any circumstances and to do so or attempt to do is an offence, as is selling to under 18s or permitting a sale to under 18s.

In terms of the new legislation, It is legal however, for someone over 18 to purchase alcohol namely beer, wine, perry or cider, for consumption by someone between 16 and 18 years old, along with a meal on the premises.

The article is unfortunate as it misrepresents the new law and an important distinction it makes and whilst I am sure this is unintentional, it is nevertheless liable to confuse both licence holders and the public at a time of change when the new legislation becomes effective.

Principal Solicitor

Licensing

South Ayrshire Council