licensing laws

[thelibster]

Not sure if this is the right place to post or not but...

Are there any MNs out there who can clarify the licensing laws for me?

I was under the impression that over 14s were allowed moderate alcohol accompanying a meal provided that they did not buy it for themselves?

I was out for a meal with my 17 year DS and, after the starter, ordered a glass of wine for each of us to go with our main course.(DS often has a glass of wine with dinner at home and has done in other restaurants without any problem) I was astonished to be asked how old he was and on being told 17 the waitress informed me that he would have to have a soft drink as it was "against the law". Is this true? In which case I have clearly broken the law on other occasions. DS is a nice kid and had a "coke" with no fuss but I know he felt embarrassed at being asked (other diners at neighbouring tables gawked) and it rather spoilt an otherwise good (and expensive!) meal.

*17 year-old

It's over 16s that this applies to.

These are the relevant clauses in the Licensing Act 2003:
(4) A person ( ?the relevant person?) commits an offence if?
(a) he buys or attempts to buy alcohol for consumption on relevant premises by an individual aged under 18, or
(b) where he is a member of a club?
...(i) by some act or default of his, alcohol is supplied to him, or to his order, by or on behalf of the club for consumption on relevant premises by an individual aged under 18, or
...(ii) he attempts to have alcohol so supplied for such consumption.

(5) But subsection (4) does not apply where?
(a) the relevant person is aged 18 or over,
(b) the individual is aged 16 or 17,
(c) the alcohol is beer, wine or cider,
(d) its purchase or supply is for consumption at a table meal on relevant premises, and
(e) the individual is accompanied at the meal by an individual aged 18 or over.

There is a similar clause allowing 16 and 17 year olds to drink beer, wine or cider with a meal without being prosecuted for underage drinking.

Thank you ant3nna. So it wasn't "against the law", rather just against that particular restaurant's policy? Nice to know. I won't eat there again! Whilst I don't deny that every establishment has the right to implement its own policy, I do think that, if the policy in at variance with the law, it should be clearly displayed in some way. I don't see why unsuspecting diners should have their 16 & 17 year-old guests embarrassed whilst paying through the nose for the privilege! Or AIBU?

It may not have been against that restaurant's policy. It is not unknown for waitresses to do something like this based on a mistaken understanding of the law, thinking they are protecting their employer's interests. If it were me, I'd probably write to them complaining about what happened and highlighting the law. That way, if it was an individual waitress who didn't know the law they might ensure that staff are properly trained so that they don't embarrass future customers.

Good point prh I'll do that, thanks

This is interesting. DD aged 16 does have a glass of wine if she is out with me having a meal. I never know if it is OK or not. She has been brought a wine glass younger than this in many a place and even a free shot (vodka jelly etc) if the waiter has been especially nice to us.

So you were within your rights to request that DS has the wine in your case or is it up to the restaurant? I would have kicked off tbh.

I think girls often look older than their age though don't they? Not that DS looks particularly young, just a normal 17 year-old. DD2 on the other hand was asked at a private party for one of DS's friend's birthday what kind of car she drove. (All DS's friends seem to never stop talking about cars since they all started driving ) DD2 is 15! She was most amused

Thing is our lives are ruled by the nanny state that we don't need an ignorant waitress laying down the wrong law when one is spending good money in a restaurant. I would email them, put them right, and ask for a voucher for Ds to get a glass of Chateau neuf de pape

abouteve Another good idea! He'd appreciate that, he knows far more about wine than I do and my ex H says he has an excellent palate!

Funny cos tonight I was looking for a cheapo wine and saw one that my ex husband (sp) and I saw it was £16 a bottle at the co-op, imagine how much in a restaurant. Like I said they need pulling up on this, they had no right to embarrass you and your DS, when you were quite within your rights, grrr!