As the law stands at present, children under 14 are not allowed in a bar - a 'bar' being technically a place which is solely or primarily used for serving alcoholic drinks. Exceptions to the under-14 rule are children of the licensee, children resident on the premises and children passing through the bar when there is no alternative route.

Also, if a bar has a Children's Certificate, under-14s are permitted if accompanied by an adult and this usually applies until 9pm, with a further 30 minutes 'eating-up' time. This Certificate must be displayed. It is up to the individual licensee to decide whether or not he wants 14-18s in his bar, because under no circumstances can under-18s buy or consume alcoholic drinks in that area. However, in other parts of the premises the drinking rules change dramatically. For a start, 16 and 17 year olds can buy and consume beer and cider in an area set aside for meals, to drink with their food. And an adult can purchase alcoholic drinks at the bar, to be consumed elsewhere, by children in his company, from as young as the tender age of 5. Hence, in theory, a 5 year old child can consume large gin and tonics bought by daddy in a beer garden without the licence holder risking prosecution. No doubt though when the child fell down and injured himself the licensee would get it in the neck!

For a barperson to be charged with serving an under 18 year old with alcoholic drinks, the only evidence required by the prosecution is proof that the sale took place and the proven age of the person drinking. It is not necessary to establish that the barperson knowingly made the sale to an under-age person. In his defence, a barperson could argue that the person looked 18 and also he could say that he checked what appeared to be valid ID.

It is my opinion that government-issue identity cards are long overdue. We as publicans cannot properly enforce age-restriction law in relation to drinks and cigarettes without them. They have been talked about endlessly by politicians, but we are still no nearer to getting them. I believe that ID cards will eventually be forced on the UK by Brussels.

There are several private providers of photo-ID cards, such as Validate and the Portman Group card, and a licensee could insist on such identification if he so wished, but no young persons are legally obliged to carry any ID and few do in reality.

When I was a 21 year old working in the United States 35 years ago, I could not get a drink in a bar in New York City (drinking age 18) unless I produced my passport.

They take under-age drinking very seriously in America, as licensed premises can be closed permanently if the law is infringed. The locals had to flash their ID cards, which they always carried. So much for the human rights / ID card argument in the Land of the Free! In ten years time I predict that we will have (a) ID cards and (b) a smoking ban in licensed premises.

Hugh Price