Licensing Act 2003 - sale and purchase of alcohol-free cider?

[cloudy_daze]

Hello. I haven't been able to find my particular query elsewhere on here so I apologise if it actually has been asked before, and I hope I am posting this in the most appropriate forum.

I have been trying to find out if a 15-year old can legally purchase alcohol-free cider from a supermarket or independent off-license for their own consumption at home; and if a parent or guardian is allowed to buy it on their behalf (again, to drink at home).

So far, I've ascertained from the Licensing Act 2003 (section 149) that with exceptions, it's an offence for a child to buy (or attempt to buy) alcohol at all; and that somebody else commits an offence if they buy/try to buy alcohol on a child's behalf.

Then from section 191 of the Act, I understand that the meaning of "alcohol" does not include any liquor with an ABV of 0.5% or below.

The cider in question is one I enjoy drinking occasionally and it has an ABV of 0.05% so I am presuming that makes it a non-alcoholic beverage. The bottle labels don't have any text or symbols indicating an age restriction. However, the supermarket I buy it from has this cider only on display in the beers and wines section, next to other (fully alcoholic) ciders of the same brand. I don't know if this is done in order to keep all of this particular brand together, or if there's a reason the alcohol-free product must remain with the beers and wines.

I was hoping one of the cashiers in the supermarket might be able to clarify all of the above for me and mentioned it the last time I was there, but unfortunately they didn't answer.

I drink my cider at home and my 15yo has asked if they might have a sip on several occasions. They really like how it tastes and have now asked me if they might be allowed to have a glass themselves, or maybe if I would allow them to buy a bottle of it for themselves every now and then.

I've spent a long time searching online to find out whether or not they're allowed to do this at their age, but with nothing concrete as yet. The gov .uk pages don't appear to explain how the law is applied in this respect; neither does drinkaware, ias or alcoholissues. However, I have found the question answered on reddit, quorum and mumsnet (although these answers could be opinion rather than fact, I don't know); and there's an article from the Morning Advertiser of 27/7/16 saying that under-18s can legally purchase low- and non-alcoholic beers in pubs, citing a Legal specialist who believes U18s can buy drinks at or below 0.5% ABV "because none of the relevant 'underage' laws apply".

I won't proceed on the strength of this information alone though, and am searching for some definite verification before I give my teenager an answer. Could anybody suggest what I should do next, please?

Thank you very much for your time.

[Kati]

As it is not illegal for a child (aged 5-16) to be given an alcoholic drink at home, I cannot see a problem with you purchasing the odd bottle for your 15yo ... especially as it would be 'alcohol-free' anyway)

I wouldn't attempt to push for him buying his own tho'

https://www.drinkaware.co.uk/alcohol...and-under-18s/

[Amethyst]

191 Meaning of “alcohol”

(1) In this Act, “alcohol” means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor [(in any state)], but does not include—
(a) alcohol which is of a strength not exceeding 0.5% at the time of the sale or supply in question,
(b) perfume,
(c) flavouring essences recognised by the Commissioners of Customs and Excise as not being intended for consumption as or with dutiable alcoholic liquor,
(d) the aromatic flavouring essence commonly known as Angostura bitters,
(e) alcohol which is, or is included in, a medicinal product [or a veterinary medicinal product],
(f) denatured alcohol,
(g) methyl alcohol,
(h) naphtha, or
(i) alcohol contained in liqueur confectionery.

So no there is no restriction on 'under 18's buying drinks containing 0.5% and below.

In reality though, he'd probably be challenged and unless he wants to carry about a copy of the legislation with him and be constantly arguing with store managers, I'd just get it him for him at home. I have had similar lack of knowledge when taking my daughters out for dinner and letting them have a glass of wine or fizz ( well, trying to ) - thankfully one is over 18 now so can just show ID and not have a problem, just annoys her younger sister ( 17 ) lol, I gave up arguing as they usually just decide it's their policy rather than the law that counts, fair enough.

[R0b]

Hello,

You've raised an interesting question.

You are certainly along the right lines with the relevant sections in the Licensing Act 2003. In fact sections 146 to 153 are the main provisions relating to the sale of alcohol to children. Sections 146 refers to the absolute prohibition of the sale of alcohol to children whereas section 147 is all about whether the individual had the knowledge they were selling to a child.

Anyhow, I have checked up on those provisions and they still remain in force so the next step is to understand the meaning of 'alcohol' which you have correctly pointed out that it is a strength not exceeding 0.5%.

If you also look at the explanatory notes on the legislation website (click here for link) you will see that it says "It does not include any liquor of 0.5% strength or below at the time of the sale or supply in question".

So, based on the above and from what your own research has uncovered, legally speaking, anything 0.5% or would not fall within the definition of 'alochol' and therefore it is deemed a non-alcoholic beverage, presumably in the same way a soft drink is non-alcoholic (unless there is a definition for low-alcohol which I did not find). So the provisions relating to the sale of alcohol to children do not apply, which seems to be further confirmed that there is no sticker on there saying not to be sold to anyone under 18.

That said, I would think that most shops/supermarkets would probably not allow the sale of 0.5% beverages to be sold to anyone under 18 not because it is illegal but probably as a policy. Perhaps they don't want to be seen as encouraging those at a young age to purchase beverages containing low traces of alcohol particularly if rights groups or similar catch wind of it.

Just to add, you couldn't force them to sell the low alcohol either because it falls back to basic contract law, you are making an offer to purchase and until you've handed your cash over, they still have time to refuse the sale.

Hope that helps.

[Kati]

In reality though, he'd probably be challenged and unless he wants to carry about a copy of the legislation with him and be constantly arguing with store managers, I'd just get it him for him at home. I have had similar lack of knowledge when taking my daughters out for dinner and letting them have a glass of wine or fizz ( well, trying to ) - thankfully one is over 18 now so can just show ID and not have a problem, just annoys her younger sister ( 17 ) lol, I gave up arguing as they usually just decide it's their policy rather than the law that counts, fair enough.

I suppose I'm lucky in that respect ... my 17yr old hates even the smell of alcohol and my (almost) 18yr old doesn't seem to be that bothered either lol

It would be nice if my girly didn't try swiping any drink that's going tho' ... I can't even have a shandy at home without her wanting to taste

[Amethyst]

I've just chucked a message over to Tesco cust services to see what their policy is on sale of non and low alchohol beverages 0.5% ABV and below). Let you know what they say. Used Stowford Press as an example https://www.tesco.com/groceries/en-G...ucts/295221552


Yip, as expected

Hi there, although this is 0% alcohol it is still marketed for adults therefore it is for over 18's only and I.D will be required. Hope this helps. TY - Brian

[cloudy_daze]

Hello again and thank you very much, all of you, for replying to my query.

I apologise for my own delayed response; we're now staying in a holiday cottage in Wales, and getting a wifi signal has been proving a challenge lol such is life. At least it isn't raining at the moment.

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That said, I would think that most shops/supermarkets would probably not allow the sale of 0.5% beverages to be sold to anyone under 18 not because it is illegal but probably as a policy.
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I wouldn't attempt to push for him buying his own tho'

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...I gave up arguing as they usually just decide it's their policy rather than the law that counts, fair enough.

Thank you. I guess that, so long as pubs and shops aren't actually breaking any laws, then it's up to them to decide how to run their business. A bit of consistency across the industry would be nice from a consumer's perspective, though! Oh well. I shall let my son know that he'll just have to wait another 3 years before he can buy a bottle of this cider from the shops himself, and to choose a different kind of beverage if he gets thirsty meanwhile Otherwise, he'll be welcome to share my bottle with me at home.

I've just chucked a message over to Tesco cust services to see what their policy is on sale of non and low alchohol beverages 0.5% ABV and below). Let you know what they say. Used Stowford Press as an example https://www.tesco.com/groceries/en-G...ucts/295221552


Yip, as expected

Thank you for doing this, Amethyst (why didn't I think of it too?!). Maybe the cashier I spoke to in the store didn't know any details of their policy or their goods, beyond those directly relevant to their own job. It's possible I suppose.

Once again, thank you to all for your help, thoughts and advice.