Revised Guidance on persistent sale of alcohol to the under aged

We are grateful to Peter Coulson for alerting us to the issue of this revised Guidance.

This in part follows revised guidance on the conduct of test purchases (see our article - 'New age restricted code of practice') but more particularly the increase in penalties for this offence brought in April 2012 by the Police Reform and Social Responsibility Act 2011.

This served to increase the maximum penalty from £10,000 to £20,000 but also extended the possible of period of ‘voluntary’ closure under a closure notice from a maximum of 2 days to a minimum of 2 days up to a maximum of 14 days (or as the Act has it 336 hours!).

In respect of such possible closure, guidance is given on considerations to be taken into account in determining the closure period to be offered.  This includes aggravating factors such as the age of the purchaser, a failure to take remedial steps following the offence, the quantity of alcohol sold, previous offences and the like.

Mitigating factors include where a negligent member of staff had failed to follow stringent standard practice despite good training schemes etc.  See paragraph 37 of the Guidance.

The Guidance makes the point that the period of closure should not be a matter of debate between the enforcing authorities and the offending operator; the closure notice should be issued without negotiation.

To access the full Guidance please see:

 'Revised guidance following amendments introduced through the Police Reform and Social Responsibility Act 2011'

If you wish to discuss the above or are facing the issue of a closure notice yourself, please do get in touch.  It is our view that for those operators with robust systems of due diligence and training, more are likely to take their chances on a prosecution before the Magistrates rather than accept a possible extended period of voluntary closure.  Clearly a judgment call in each case.