Age Verification Flashcards

A customer presents a student ID card without a PASS hologram as proof of age. What is the recommended action?

Answer: Decline the sale and request an alternative form of acceptable ID (PASS-hologram card, passport, or photo driving licence)

Student ID cards without a PASS hologram are not on the standard accepted list — they may be easily falsified; staff should request an accepted form of ID to maintain the due diligence defence.

What is the significance of a 'refusal register' in licensed premises?

Answer: It documents age-related refusals to sell alcohol, providing evidence of a proactive age verification policy and supporting a due diligence defence if needed

A refusal register evidences that staff are actively challenging and refusing under-age purchases — it is a key component of a due diligence policy, demonstrating to enforcement officers that the premises takes age verification seriously.

What action should a licensee take if they suspect a customer is under 18 but the customer becomes aggressive when asked for ID?

Answer: Refuse the sale, remain calm, and if necessary involve security or the police — aggression does not justify selling alcohol to an under-18 person

The age verification requirement is absolute — aggression does not create a defence, and completing the sale to avoid conflict would still be an offence; staff should decline the sale and seek support.

What is a 'mandatory condition' relating to age verification that must appear on all premises licences that authorise the sale of alcohol?

Answer: A mandatory condition requiring the premises to operate an age verification policy (Challenge 25 or equivalent) under which persons appearing under 25 are asked for proof of age

The Licensing Act (Mandatory Conditions) Order 2010 introduced mandatory conditions, including a requirement that premises operate an age verification policy as a condition of their licence to sell alcohol.

In which circumstance is a Challenge 25 refusal most likely to result in a prosecution for discrimination?

Answer: When the refusal is selectively applied based on a customer's race, gender, or other protected characteristic rather than their apparent age

Age verification policies must be applied consistently to everyone who appears under 25 — refusing only certain customers based on race, ethnicity, or other protected characteristics would constitute unlawful discrimination under the Equality Act 2010.

What is the maximum sentence for knowingly selling alcohol to a person under 18 under the Licensing Act 2003?

Answer: A level 5 fine on the standard scale (currently unlimited in the Crown Court, up to £10,000 in a magistrates' court for a first offence under s.146)

Section 146 makes selling alcohol to an under-18 a summary offence carrying a maximum fine of Level 5 on the standard scale — the level 5 cap in magistrates' courts is currently up to £10,000 for this offence.