KNOCK BACK AGREEMENT

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Welcome

• Joe Curran Alcohol and Crime Reduction Manager
  Liverpool City Centre

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Welcome

• Designed to help you and your staff
• Refresh knowledge of The Law and relevant UK
  Legislation
• Age Check How old are they?
• Knock Back Pack
• Government Policy on Underage Drinking
• Penalties Sanctions
• Q A Session

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Benefits of Knock Back

• Assists licensees and staff in refusing sales to
  under 18s and reduces the potential for
  mistakes.
• Invaluable training and development tool.
• Reinforces the responsibilities of all who work
  in the licenced trade.
• FREE!

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Benefits of Knock Back

• Easy to read and understand.
• Generic logo/posters used by all licensed
  premises.
• Helps towards establishing a due diligence
  defence if alcohol is mistakenly sold to an
  under 18.
• Assists applications/renewals/variations of
  licences under Licensing Act 2003.

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The Law

• Licensing Act 2003
• Replaced old Licensing Act 1964
• To provide for a licensing system for the sale
  and supply of intoxicating liquor
• Section 146, Sale of alcohol to children

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Licensing Act 2003
OFFENCE

• Strict Liability Offence
• Statutory Defence Available

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Sellers Defence

• Important that it is (a) AND (b)
• Home Office / LACORS Guidelines

(LACORS Local Authorities Coordinators of
Regulatory Services )
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Sellers Defence cont..

• Important that it is (a) AND (b)
• Convinced reasonable person

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Licensee / Owners Defence

• Act or Default of some other person
• Due Diligence
• Ensuring your system of checks works and you can
  prove it
• Having a system in place that nobody follows is
  as bad as having no system at all
• Periodic / Constant Monitoring

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How Old?
How old do you think these people are? Would YOU
serve them without question?
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Were You Correct?
Did you guess their ages correctly?
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21 Policy

• You ARE allowed to sell alcohol to under 21s
• If customer looks younger than 21 staff must
  refuse alcohol unless customer can provide
  valid form of ID showing them to be over
  18
• Provides a safety zone reducing the chances of
  mistakes being made over customers age
• Reduces the number of underage sales
• Acts as a deterrent for youths causing them to
  try elsewhere for alcohol

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Accepted Proof Of Age

• Proof of Age Standards Scheme (PASS)
• Valid UK Passport
• Valid UK Photo Driving Licence

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Recording Sales Refusals

• A constant reminder to all staff that underage
  people should be refused and the knock back
  recorded
• Helps ensure that all staff are refusing sales
• Helps identify trends (ie. times / drinks asked
  for)
• Provides documentary evidence that underage
  sales are being refused, demonstrating a
  history of refusal
• Can be used to make staff aware of any dubious
  ID in circulation
• Helps prove due diligence

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Recording Sales Refusals

• System must be accessible and known to all staff
• Refusals must be recorded as soon after refusal
  as possible
• Suggested system under Knock Back is refusal
  book
• Must be available for inspection at all times
  (Trading Standards or Police)

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Staff Training Booklet

• The problems with underage drinking
• 21 policy
• Hints on checking ID
• Should you serve? / Would you serve self
  test

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Staff Training Booklet

• Tips on refusing a sale
• Recording refusals
• The law and penalties
• Dealing with an angry customer

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Staff Test

• All staff to sit test after reading
  training booklet and fact sheets
• 12 multiple choice questions
• Answer can be single answer or combination
  of answers
• All answers in booklet and fact sheets
• Pad of 50 sheets provided (more available
  on request)
• Licensee to mark tests
• Keep copy with Knock Back Pack or Employee
  Training Record

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Test

• Knock Back Mock Test

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Answer Sheet

• Discuss any incorrect answers with staff
  using answer sheet
• Staff scoring less than 8 must read booklet
  again and re-sit test
• Nobody should serve alcohol until a score
  of 8 has been attained
• All test sheets to be kept in Knock Back
  pack or Employee Training Record

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Knock Back Agreement

• Use and display the KB material.
• Train all staff in accordance with KB docs.
• All staff to sit test and retain test sheets.
• Record and monitor refusals of alcohol sales.
• All training docs and updates signed off.
• Ensure all staff have adequate knowledge of
  underage legislation.

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Knock Back Agreement

• Follow the principles and procedures contained
  in KB fact sheets.
• Instruct all staff to ask for proof of age of
  anybody they feel look under 21.
• Never allow premises to operate in the absence
  of a licensee without having control
  procedures in place.
• Ensure adequate staffing is available during
  busy periods.
• No staff under 18 without adequate adult
  supervision.

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Knock Back Agreement

• Refuse to sell alcohol to an adult if suspected
  of buying for under 18s.
• Allow TS staff to inspect records of refusals
  and relevant training docs on request.
• Audit staff for compliance with Knock Back
  recording audit.

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Government Policy
"The Government is committed to tackling alcohol
abuse in all its forms whether challenging
attitudes to binge drinking or cracking down on
the underage sale of alcoholic drinks. Enforcemen
t campaigns carried out by the Police and Trading
Standards are a key strand of our work to stop
the illegal sale of alcohol to under-18s" Home
Office Minister, Vernon Coaker (November 2006)
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Government Policy
"The new powers in the Licensing Act are
essential to dealing with illegal sales of
alcohol. Figures show that the Licensing Act is
being used by Police and Trading Standards to
tackle alcohol abuse. "The licence review
mechanism now provides a system for those who do
not meet their obligations to change or
risklosing their licence. We are pleased that
most outlets selling alcohol are fully meeting
their legal requirements." Licensing Minister
at the Department for Culture, Media and Sport
Shaun Woodward (Nov 2006)
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Government Policy

• "If you sell to underage drinkers, if you promote
  violent and anti-social behaviour, you're not
  going to get away with it and we will use a raft
  of powers to shut down your premises,
• We are working closely with the police, drinks
  industry and local councils to reclaim our town
  and city centres for decent, law abiding
  citizens."
• Home Office Minister, Hazel Blears (July 2004)

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Government Policy
"Police forces will continue to work with Trading
Standards and local authorities to highlight
where problems of underage alcohol sales exist.
Action will be taken against premises who fail
the test purchases, which will help the rest of
us continue responsible drinking without fear of
any socialising being ruined by drunken young
people." Mike Craik, ACPO Lead on Alcohol Issues
(November 2006)
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Penalties
Following table details maximum penalties
available to the courts as of November 2005
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Additional Sanctions
Following the introduction of the Licensing Act
2003, Local Authority Trading Standards and
Police now have additional sanctions available to
them, which can be used against any licensed
premise where there is evidence of sales of
alcohol to under 18s.

• These sanctions include
• Review of licence
• Revocation of licence
• Temporary suspension of Premise Licence
• Loss or Suspension of Personal Licence

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Violent Crime Reduction Act 2006

• An Act to make provision for reducing and dealing
  with the abuse of alcohol
• Introduces new offence in Licensing Act 2003
• Persistently selling alcohol to children
• New sanctions available (ie. closure of premises)

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Violent Crime Reduction Act 2006

• Section 147A
• 3 sales within 3 consecutive months

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Violent Crime Reduction Act 2006

• Section 147B
• Premise licence suspended for up to 3 months

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Violent Crime Reduction Act 2006

• Section 169A
• Power to issue closure notice (up to 48 hours)

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Questions?