There must be physical evidence that the age verification policy is in place. This can take a number of forms, although as a minimum we would recommend two principal methods:
The Scottish Beer and Pub Association (SBPA) has produced an example of an age verification policy in the Support section of this website. This represents the Association's understanding of the legal position. No licence holder is required to adopt this particular example of a policy and it is likely that there may be other styles of policy produced.
It is for each business to decide which of these approved forms of identification it will accept in terms of the age verification policy. They need not all be accepted. It would be very prudent to exclude any type of document with which staff are not wholly familiar. Only the forms of identification acceptable to the business should be included in any declaration form signed by staff serving alcohol.
These forms, when completed by all staff involved in the sale or supply alcohol, should then be retained by the premises licence holder. Operators might find it convenient to keep the declarations with staff training records, although there is no obligation to do so. The declarations must be kept safe in case they are required to be produced if any question arises as to the existence of the policy. Failure to do so may become a factor where there has been a failure to comply with the mandatory condition.
Examples of the forms of proof of age are available from http://prado.consilium.europa.eu/EN/homeIndex.html and are contained in http://www.scotland.gov.uk/Resource/0038/00389871.pdf.
AGE VERIFICATION SIGNAGE – ‘CHALLENGE 25’
Under Section 110 of the Licensing (Scotland) Act 2005, there is already an obligation to display a statutory notice at each point of sale where sales of alcohol are made. However, in order to provide physical evidence that the policy is in place, it is strongly recommended that additional ‘Challenge 25’ signage is displayed.
The Scottish Beer and Pub Association has produced ‘Challenge 25’ signage to facilitate this. Electronic copies of the materials can be obtained from the Support section of this website.