Lena Savoie
While there is no legal requirement for people to have a personal licence to consume alcohol, it is a different story for those selling it. Alcohol sellers are often required to ask for ID from customers to avoid selling alcoholic beverages to minors. In the US, Texas state law, for example, does not require people over 21 to present an ID to buy alcohol, but clerks, wait staff, and bartenders can be criminally liable for selling alcohol to minors, so they often ask for a photo ID. In the UK, a premises supervisor must hold a personal licence to sell alcohol. Businesses that sell alcohol to the public must also ensure that the wholesalers they buy from have been approved by HMRC under the Alcohol Wholesaler Registration Scheme (AWRS).
| Characteristics | Values |
|---|---|
| License validity | 2 years |
| License renewal | Needs to be renewed on the second anniversary of the date it was issued |
| License cost | Depends on the type of license and the type of business |
| License application | Online or by mail |
| Temporary event license | Required for events with fewer than 500 people and lasting no more than 168 hours |
| Personal license | Not required to be employed in a business that sells alcohol; premises licensed to sell alcohol must have a designated premises supervisor who holds a personal license |
| Personal license qualification | Must obtain an accredited qualification first to ensure awareness of licensing laws and social responsibilities |
| Personal license criminal record | Local council will want to know of any relevant criminal convictions |
| Minors consuming alcohol | Fine up to $4,000, confinement in jail for up to a year, or both; driver's license suspension for 180 days |
| Minors possessing alcohol | The punishment for making alcoholic beverages available to a minor is a class A misdemeanor |
| ID requirement for alcohol purchase | Texas state law does not require ID, but retailers often require photo ID due to criminal liability for selling to minors |
| ID types accepted | Texas driver's license, Texas ID card, U.S. passport, military ID card, or any other state or federal government-issued ID |
| Free alcoholic beverages | Legal to provide without a permit as long as it is available to any adult and there is no expectation of receiving money |
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What You'll Learn
The process of obtaining a liquor license
Once you have identified the appropriate license type, gather all the necessary documents and materials required for the application. This may include completing forms, providing financial information, and submitting to background checks or fingerprinting. There may also be fees associated with the application process, which can vary depending on the license type and location. In some cases, you may need to post a notice at your business location, informing the public of your intent to sell alcohol.
After submitting your application, there may be a waiting period before receiving a response. During this time, members of your local community may have the opportunity to contest your application, which could result in a public hearing. If no objections are raised, your local government will review your application and make a decision. The review process can take several weeks, and any deficiencies in your application may result in delays or disapproval.
In some cases, you may be able to obtain a temporary license or permit while your application for a permanent license is being processed. Temporary licenses are typically valid for a shorter duration and may have restrictions on the types of businesses that qualify. Obtaining a liquor license can be a detailed and time-consuming process, but with careful preparation and adherence to local regulations, you can successfully obtain the necessary permissions to sell alcohol at your business.
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Checking customer IDs
When checking customer IDs, it is recommended to follow a systematic approach, such as the F-L-A-G system, to spot false or borrowed identification. Here are some key steps to follow when checking customer IDs:
- Ask for ID from anyone who appears youthful or under the legal drinking age. If a customer questions why you are checking their ID, calmly explain that it is store policy to check the IDs of anyone who looks under the legal drinking age.
- Request that the customer removes their ID from their wallet or ID holder so you can physically examine it. Feel the card to check for rigidity, thickness, and smooth, rounded edges, as fake IDs often differ in these aspects.
- Compare the customer's appearance to the photo on the ID. Focus on permanent features such as the shape of their nose, chin, ears, and eyes, as minors can easily change their hairstyle, eye makeup, or grow facial hair.
- Check the height and weight listed on the ID to ensure they reasonably match the customer.
- Look for security features on the ID, such as a laser perforation or a specific card orientation (e.g., vertical for minors and horizontal for adults).
- Ask the customer to provide their ID number, confirm their personal information, and state their birth month. If they respond with a number instead of the name of the month, they may be lying.
- Compare the signature on the ID to the customer's signature.
- If the ID passes all the tests, return it to the customer and proceed with the sale. If you still have doubts or suspect the ID is not valid, you may ask additional questions or request verification of their address.
Remember, if you are unsure about an ID's validity or suspect it is not genuine, it is better to refuse the sale. Always follow your company's policies and procedures regarding ID checking and stay updated with the latest ID features and security elements.
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Temporary event licenses
If you're organising a temporary event in England or Wales and want to serve or sell alcohol, provide late-night refreshments, or put on regulated entertainment, you'll need to complete a Temporary Event Notice (TEN). A TEN is required if you want to carry out a 'licensable activity' on unlicensed premises. For the purpose of a TEN, a temporary event is a relatively small-scale event attracting fewer than 500 people and lasting no more than 168 hours.
To apply for a TEN, you must be at least 18 years old. You can apply for a TEN online or by downloading and submitting the postal form. The latest you can apply for a standard TEN is 10 clear working days before the event, while a 'late TEN' can be applied for up to 5 clear working days in advance. You must have a personal licence to apply for a late TEN, and the number of late TENs you can obtain in a year is limited.
If you already have a personal licence to sell alcohol, you can be given up to 50 TENs per year. A single premises can have up to 20 TENs applied for in one year, as long as the total length of the events is not more than 26 days. If you're organising separate but consecutive events, there must be at least a 24-hour gap between them.
You must keep your TEN in a safe place where the event is held and display a copy that can be easily seen. Failure to have a TEN when required can result in fines, imprisonment, or both.
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State-specific rules
For example, in California, the Alcoholic Beverage Control agency issues various licenses, including those for breweries, wine grape growers, airlines, and brokers. In Texas, the TABC governs the alcoholic beverage industry, which is divided into three tiers: manufacturing, distribution/wholesale, and retail. The cost of a license in Texas depends on the type of business and whether it is a new license or a renewal. Texas also has dry counties, where all alcohol sales are forbidden, and mixed counties, where alcohol sales are moderated but on-premise consumption is not.
In Alabama, applicants must contact the Alabama Alcoholic Beverage Control licensing division office for their county and can expect to pay between $100 and $1,000 for their license, which must be renewed annually between June 1 and July 31. Conversely, Alaska has a lengthier process that involves approval from the ABC board, local government, and other state agencies, typically taking three to six months.
Some states have quota systems, where the number of licenses available depends on the locality's population. In these states, licenses tend to be more expensive, with restaurants and bars paying up to $300,000 for a new license. On the other hand, non-quota states tend to have more affordable licenses.
Additionally, each state has its own specific licenses and permits. For example, Pennsylvania has an (R) license for restaurants, while Florida has a 4COP license for restaurants serving all types of alcohol. Some states require brewpub licenses for establishments making their own alcohol, while others have club licenses for members-only clubs and hotel licenses for hotels with bars or restaurants serving alcohol.
It is important to note that state laws are constantly evolving, so it is essential to research the specific requirements and regulations for obtaining an alcohol license in your state.
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Consequences of providing alcohol to minors
In the United States, the legal drinking age is 21 years old. The laws prohibiting the supply of alcohol to minors apply to everyone, not just establishments that serve or sell alcohol. These laws are broadly applied to include any act of providing alcohol to underage people, even when the person supplying the alcohol is also underage.
There are certain circumstances in some states where parents, guardians, or spouses can offer or supply alcohol to individuals under 21. For example, in some states, the law allows minors to purchase alcohol as long as it is in the presence of an adult, guardian, or spouse who is over the age of 21 and gives them permission. Similar exceptions are made for alcohol used in religious ceremonies or for medicinal purposes.
However, in most states, even allowing a minor access to alcohol in your home without blocking their access can be defined as supplying alcohol to a minor. This means that adults do not have to be on the premises or physically give the alcohol to a minor to be charged. The law requires that the accused knowingly provide alcohol to a minor, meaning that they intended to give the alcohol or that their actions would result in the minor acquiring alcohol.
The consequences of providing alcohol to minors can include being charged with a misdemeanor or a felony, depending on the jurisdiction and the circumstances. Misdemeanor charges are the most common punishment for supplying alcohol to a minor, with potential fines of up to $4,000, confinement in jail for up to a year, or both. Felony charges are typically applied when there is an accident or injury involved or if the person supplying the alcohol is a repeat offender.
In addition to legal consequences, providing alcohol to minors can have significant health and safety risks. Alcohol is the most commonly used substance among young people, and those who start drinking before the age of 15 are four times more likely to meet the criteria for alcohol abuse and dependence later in life. Alcohol-related deaths among people aged 16-20 increased by nearly 30% between 2019 and 2020, and in 2021, there were nearly 20 teen fatalities in North Carolina due to drunk driving.
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Frequently asked questions
If you are selling alcohol, you must have a designated premises supervisor who holds a personal license. The exception is a community premises that has applied to waive this requirement.
If you are organising a temporary event and want to serve alcohol, you will need to complete a temporary event notice (TEN). This applies to small-scale events with fewer than 500 people and lasting no more than 168 hours.
No, it is legal to provide free alcoholic beverages without a permit. However, the drink must be available to any adult and there can be no expectation of receiving money. If it is only for paying customers, you will need a permit.
It is recommended to check identification in a systematic way, such as using the F-L-A-G system. Physically handle the ID and check for rigidity, smoothness, and rounded edges. Ask the customer to confirm personal information and their signature.
Licenses or permits are valid for two years and expire on the second anniversary of the issue date.
