APLH Age Verification 2 — Questions and Answers
Question 1: What is the legal position on a person under 18 consuming alcohol in a licensed restaurant in England?
- It is always illegal for anyone under 18 to consume alcohol
- A person aged 16 or 17 may consume beer, wine, or cider with a meal in a licensed restaurant if accompanied by an adult, provided it is ordered by the adult (Correct answer)
- Anyone under 21 may not consume alcohol in a restaurant
- There is no exception — under-18s cannot drink in any licensed premises
Correct answer: A person aged 16 or 17 may consume beer, wine, or cider with a meal in a licensed restaurant if accompanied by an adult, provided it is ordered by the adult
Section 150 Licensing Act 2003 permits a 16 or 17-year-old to consume beer, wine, or cider (not spirits) with a table meal if accompanied by an adult who has purchased the drink — this is the only exception to the under-18 no-alcohol rule.
Question 2: What offence is committed by an adult who buys alcohol in a licensed premises and passes it to a person under 18 for consumption?
- No offence — the adult purchased the alcohol legally
- Buying alcohol for a person under 18 is an offence under s.149 Licensing Act 2003 ('buying alcohol for children') (Correct answer)
- A caution-level offence only, not a criminal conviction
- An offence only if the under-18 is on licensed premises at the time
Correct answer: Buying alcohol for a person under 18 is an offence under s.149 Licensing Act 2003 ('buying alcohol for children')
Section 149 makes it an offence for any person to knowingly buy or attempt to buy alcohol for someone under 18 (known as 'proxy purchasing') — a common method used to circumvent age restrictions.
Question 3: What is the PASS (Proof of Age Standards Scheme) hologram?
- A government-issued hologram on all UK passports
- A quality mark awarded to age-verification cards that meet nationally recognised security standards, including a biometric or security hologram (Correct answer)
- A licence issued by the Home Office to certain retailers
- A chip embedded in age-verification cards linked to a national database
Correct answer: A quality mark awarded to age-verification cards that meet nationally recognised security standards, including a biometric or security hologram
The PASS hologram is a nationally recognised mark of quality for age-verification cards — PASS-accredited cards meet defined security standards and are widely accepted as valid proof of age by licensed premises.
Question 4: At what age can a young person be employed to serve alcohol in a licensed premises in England and Wales?
- Only those aged 21 and over may serve alcohol
- Persons aged 16 or 17 may serve alcohol only under the supervision of a person aged 18 or over, provided the premises licence allows it (Correct answer)
- Only those aged 18 and over may serve alcohol in any circumstances
- There is no minimum age for serving alcohol under supervision
Correct answer: Persons aged 16 or 17 may serve alcohol only under the supervision of a person aged 18 or over, provided the premises licence allows it
Section 153 Licensing Act 2003 allows 16 and 17-year-olds to serve alcohol under the supervision of an adult (18+) if the premises licence authorises it — an adult must be present and supervising.
Question 5: Why is a staff member's personal belief that a customer 'looks over 18' not a sufficient defence against prosecution for selling to an under-18 person?
- It is always a sufficient defence
- The due diligence defence requires active steps (asking for and checking ID) — merely believing the customer looks old enough without requesting ID does not constitute 'all reasonable precautions' (Correct answer)
- Personal belief is only insufficient if the customer appeared to be under 16
- Personal belief is a valid defence but only if corroborated by CCTV evidence
Correct answer: The due diligence defence requires active steps (asking for and checking ID) — merely believing the customer looks old enough without requesting ID does not constitute 'all reasonable precautions'
Due diligence requires taking active steps to verify age — a subjective belief, however genuine, is not 'all reasonable precautions' unless the staff member actually requested and checked compliant ID.
Question 6: Which organisation is primarily responsible for conducting test purchase operations on licensed premises?
- The police only
- Trading standards (part of the local authority) and/or the police, often working together (Correct answer)
- The licensing authority's licensing officers only
- The Health and Safety Executive
Correct answer: Trading standards (part of the local authority) and/or the police, often working together
Trading standards teams within local authorities have primary responsibility for test purchases, often working in partnership with police — the licensing authority's officers may also be involved.
APLH Age Verification 2
What is the legal position on a person under 18 consuming alcohol in a licensed restaurant in England?