Alcohol, Entertainment & Children
Under the new licensing laws announced by the Government last year, the most radical for over 40 years, pubs, bars and restaurants will be allowed to sell alcohol 24 hours a day. The reform will allow the The Mallard to have extended hours, which will suit the majority of regulars, but under the introduced new system are some new restrictions which actually do not favour most and are somewhat slightly unfavourable to the customer.

The Mallard has now to abide by a tighter control for the sale of alcohol within the premises and under the new White Paper, it gives Police more powers, including on-the-spot fines, to help crack down on problem pubs and drinkers.

The licensing regime has outlined new prejudical rules and the fundamental difference at The Mallard, will be the clause that with affect families and children coming to the pub. The Mallard has been classified under a new operating statement as an 'adult venue' and an underpining clause of the Licensing Act 2003, is the 'protection of children from harm' statement which appears to be a priority licensing objective.*

The introduced licensing administration has been designed, in part, to close the loopholes and inadequacies of previous law in relation to children, while allowing under 18s to experience the atmosphere of licensed premises in a family friendly, safe environment. The Act requires that all licensed premises and clubs set out in their operating schedule the steps they propose to take to promote the licensing objectives, including the protection of children from harm.

The new regime will ensure licensing authorities attach conditions relating to children's access to reflect the individual nature of each establishment. Relevant representations are made and this is necessary to protect children from harm. Where there is no risk of harm, there need be no conditions applied. Where there is a genuine danger, for example through underage drinking, drug dealing or entertainment of an adult nature, following representations, steps can be taken. The licensing authorities, having first considered any relevant representations from responsible authorities or interested parties, can impose necessary conditions on the licence or certificate to provide the fullest possible safeguards for the protection of children.

In addition to the licensing objective on children, the laws relating to the sale to and consumption of alcohol by minors have been strengthened and updated to offer increased protection for children.

How will the operating schedule affect us?

The 'protection of children from harm' proclamation, imposes stricter rules that not all pubs can allow children into the public house owing to the premises suitability. Factors which make a pub unsuitable for minors include: No area away from the bar, Smoking, the type of entertainment and wet led.

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.

The Mallard has some guidelines that they have to impose owing to the law change, including the control of entry, entertainment, closing times and the times children may or may not be on the premises. Owing to the new 'adult venue' classification of The Mallard, families need to know that the new extended licensing laws does not actually mean families can bring the children in at all times. Children 17 years of age and under are permitted to enter The Mallard lounge bar only, up to 7.30pm, provided they are accompanied by an adult.

The Mallard staff do not want to embarass or offend families due to the stricter rules being enforced by the new Act. The age of children with parents or carers to enter public houses has changed from 14 to 16. Children in the summer, when playing outside may use the toilets and walk through supervised by an adult, but they must not stop in the bar area at any time.

The Mallard Staff would like to apolgise for any inconvience caused by these legistation alterations, which will undoubtedly affect the operating schedule of the public house.

*The Mallard - The Licensing Act 2003 Sect 16.4
"used exclusively and primarily for the sale of alcohol for consumption on the premises when they are open."