APLH - Award for Personal Licence Holders Protection of Children from Harm Questions and Answers — Questions and Answers
Question 1: A staff member at a licensed premises sells alcohol to a 17-year-old who appears to be much older. The staff member did not ask for identification. If prosecuted, what is the most likely outcome for the staff member?
- The 17-year-old is the only one who has committed an offence by attempting to buy alcohol.
- No offence was committed as the sale was unintentional and the person looked over 18.
- The staff member has likely committed an offence as they failed to exercise 'due diligence'. (Correct answer)
- A valid defence exists as long as the premises operates a 'Challenge 25' policy, even if it wasn't used.
Correct answer: The staff member has likely committed an offence as they failed to exercise 'due diligence'.
Selling alcohol to a person under 18 is an offence. A defence of 'due diligence' may be available, but this requires the seller to have taken all reasonable steps to verify the customer's age. Simply believing a person looks old enough is not sufficient; failing to ask for ID when required by an age verification policy means due diligence was not exercised.
Question 2: An adult is seen buying a bottle of wine in a shop and immediately giving it to a teenager waiting outside. Under the Licensing Act 2003, what specific offence has the adult most likely committed?
- Aiding and abetting
- Public nuisance
- Unauthorised supply of alcohol
- Proxy purchasing (Correct answer)
Correct answer: Proxy purchasing
The offence of an adult buying or attempting to buy alcohol on behalf of an individual under the age of 18 is known as 'proxy purchasing' or a 'proxy sale'. This is a specific offence under the Licensing Act 2003.
Question 3: Under the Licensing Act 2003, what is the maximum penalty for a premises licence holder convicted of 'persistently selling alcohol to children'?
- A £5,000 fine and a 1-month licence suspension.
- A £20,000 fine and up to a 3-month licence suspension. (Correct answer)
- A £1,000 fine and mandatory staff retraining.
- Permanent revocation of the premises licence.
Correct answer: A £20,000 fine and up to a 3-month licence suspension.
The offence of persistently selling alcohol to children (defined as two or more sales in a three-month period) carries a maximum fine of £20,000. Additionally, a court can order the premises licence to be suspended for up to three months.
Question 4: Which of the following is a mandatory condition that must be adopted by all premises licensed for the sale of alcohol to promote the protection of children from harm?
- Employing door supervisors on Friday and Saturday nights.
- Having an age verification policy in place. (Correct answer)
- Providing free soft drinks for children.
- Prohibiting anyone under 18 from entering the premises after 9 pm.
Correct answer: Having an age verification policy in place.
It is a mandatory condition under the Licensing Act 2003 that all premises licensed for the sale or supply of alcohol must have an age verification policy in place. This policy must require staff to ask for identification from anyone who appears to be under 18 (or a higher age like 21 or 25 as chosen by the premises).
Question 5: At what times is it an offence to allow an unaccompanied child under 16 to be on premises used exclusively or primarily for the sale of alcohol for consumption on the premises, such as a traditional pub?
- At any time the premises are open for the supply of alcohol. (Correct answer)
- Only between the hours of 9:00 pm and 5:00 am.
- Only if they are in the main bar area.
- At no time, as long as they do not consume alcohol.
Correct answer: At any time the premises are open for the supply of alcohol.
Under the Licensing Act 2003, it is an offence to allow an unaccompanied child under 16 to be on premises used exclusively or primarily for the supply of alcohol (e.g., a pub that is not food-led) at any time they are open for that purpose. There is a separate offence for unaccompanied under-16s being on any licensed premises between midnight and 5 am.
Question 6: A 16-year-old is having a meal in a restaurant with their parent. The parent buys them a glass of cider to have with their meal. Which statement correctly describes the legality of this situation?
- Both the parent and the 16-year-old have committed an offence.
- This is illegal as alcohol cannot be sold to or for anyone under 18.
- No offence has been committed by the parent, the 16-year-old, or the premises. (Correct answer)
- An offence is only committed if the 16-year-old also eats a dessert.
Correct answer: No offence has been committed by the parent, the 16-year-old, or the premises.
The Licensing Act 2003 provides a specific exception where a person aged 16 or 17, accompanied by an adult, is allowed to consume (but not buy) beer, wine, or cider with a table meal on relevant premises. Since the parent purchased the drink and it is being consumed with a meal, this scenario is lawful.
APLH - Award for Personal Licence Holders Protection of Children from Harm Questions and Answers
A staff member at a licensed premises sells alcohol to a 17-year-old who appears to be much older.
The staff member did not ask for identification.
If prosecuted, what is the most likely outcome for the staff member?