With the festive season now well and truly upon us, many parents may allow their children a small amount of alcohol to celebrate the festive season. However, those who are planning on giving their children alcohol at home, or planning a family trip to the local pub should ensure they are aware of the laws surrounding children and alcohol according to Swansea solicitors John Collins and Partners LLP (JCP).
The Government recently announced new guidelines on teenage drinking, which include advice to parents from England’s Chief Medical Officer, Sir Liam Donaldson, not to give children under 15 any alcohol at all. Whilst the arguments surrounding children and alcohol on moral and health grounds continue to spark heated debate in the media and amongst the general public and medical professionals, many people will not be aware of the legalities of letting your child try alcohol at a young age.
Christine Rawsthorne, solicitor at JCP, explains:
“The laws in the UK surrounding children and alcohol are surprisingly relaxed considering Sir Liam Donaldson’s tough stance on under 15’s and drinking. In England and Wales, technically, children as young as five can consume alcohol at home, although it is illegal to give an alcoholic drink to a child under five unless it is done under medical supervision in an emergency.
“Children under 16 can go into a pub as long as they are accompanied by an adult, though different pubs might be subject to different licensing conditions which might affect this rule - for example some bars will not allow anyone under 14 to enter.
“Whilst out in a licensed premises, children under 18 are not allowed to drink alcohol and a person who has authority to prevent a child drinking will also commit an offence if they fail to stop this. However, a 16 or 17 year old can consume wine, beer or cider if they fit a number of strict criteria – they must be accompanied by an adult, the alcohol must be bought by an adult and they must be having a table meal.
“A 16 or 17 year old cannot drink spirits in a pub, even if it is with a meal, and a person under 18 can never legally buy or attempt to buy alcohol.”
Statistics from Government research suggest that the number of young people who drink regularly has fallen, but that those between the ages of 11 and 15 who are drinking regularly, do consume alcohol far more often than in the past.
Sir Liam Donaldson has previously said childhood should be an "alcohol-free time", and that children who drink are at risk of "serious harm”. A recent survey suggested 20% of 13-year-olds drink alcohol at least once a week. Ministers and doctors are worried by rising rates of binge-drinking and alcohol-related liver disease in the young and see the guideline as a necessary step in preventing people getting a taste for alcohol at too young an age.
Christine Rawsthorne commented:
“In conclusion, whilst it is legal for an adult to buy alcohol for a child over the age of five to consume at home and there are some limited circumstances when a child can consume alcohol whilst out at a licensed premises with an adult, most sensible parents would not even consider giving alcohol to a child or a young teenager. Whether Sir Liam Donaldson’s guidelines have an affect on the laws in this area remains to be seen but in the meantime parents need to remember to take a sensible approach and they need to be aware that under the Children and Yound Persons Act 1933, a person can be prosecuted for wilfully exposing a child to any unnecessary suffering or injury to health.
“The debate will undoubtedly continue as to whether introducing children to alcohol at an early age will reduce the risk of them abusing it later in life, or whether it tempts them to drink increasing amounts of alcohol as they grow older.”
For a further discussion with the Family team at JCP please call 01792 773 773 or email law@johncollins.co.uk
