Pubs and the Law
 

For centuries government has tried to control where and when alcohol is sold, and more recently, to whom.

Opening Hours

The Licensing Act 2003 was designed to simplify and update existing legislation, some of which was drawn up in the 14 th century. The Act, which came into force on 24 th November 2005, covers all licenses, although we are concerned only with how it affects pubs.

The Act transferred the licensing responsibility from Justices to Local Authorities, which are ‘democratically accountable’.

Pubs can apply to open 24 hours a day, seven days a week, and provided there are no objections from residents or local businesses, the license will be granted. In reality few have applied and even fewer have been granted, only 0.5% of all licenses. This does not mean that a pub with a 24 hour license has to open 24 hours, it just has the flexibility to do so.

So far fears of 24/7 drinking have not materialised and most pubs in London have either not changed their opening hours, or have decided to close an hour or so later on Fridays and Saturdays only.

Age Restrictions

There have been few material changes to the law on drinking ages, just some tweaking to close loopholes or clarification on grey areas.

To purchase or consume alcohol in a pub you must be at least 18 years old. Some city pubs, clubs and bars, set their own entry age, usually 21 years old.

Under 16’s can go into pubs (if the management allows it) but they must be accompanied by an adult (a person at least 18 years old).

16 and 17 year olds can drink alcohol (beer, cider or wine) with a table meal and of course, they have to be accompanied by an adult. Only the adult can buy alcohol.

It is illegal to buy alcohol for under aged drinkers. As the government website points out :

' Previously, the consumption of alcohol by minors was only unlawful in the 'bar area' of licensed premises. An adult could have therefore bought a gin and tonic at the bar and given it to a child as young as five years in the beer garden or night club. This is no longer the case.  All parts of a licensed premises will be subject to the same prohibitions.’

Drunkenness

It is illegal to buy alcohol for someone who is drunk, or for the pub to sell alcohol to them.

Being drunk or drunk and disorderly is an offence.

It is also illegal to drink alcohol is some designated areas, such as city centres.

Drink Driving

It is well known that in Britain it is illegal to drive whilst having more than 80mgs of alcohol per 100ml of blood, that’s equivalent to 35 micrograms of alcohol per 100 millilitres of breath or 107 milligrams of alcohol per 100 millilitres of urine.

Discussion about what this means in real terms continues in pubs nationwide. The safe bet is not to drink any alcohol if you are driving. Some pubs offer free, non-alcoholic drinks to ‘designated drivers’.

Smoking

A complete ban on smoking in public places came into effect on 1st July 2007, smoking is not permitted in any pubs, bars or restaurants. Some pubs have smoking shelters outside which have to meet strict guidelines on enclosures. Please do not drop litter outside pub frontages as this can lead to the pub being prosecuted and customers being prohibited from smoking in the street outside.

It is illegal to buy tobacco products under the age of 18 or use them under the age of 16.

July 2008