It was in a bar in Venice about 100 metres from the Rialto Bridge that I bought my 15 year old his first alcoholic drink. He didn`t much take to a demi litre of the local draft beer but did at home at Christmas and birthdays learn how to appreciate fine Scotch whisky, blend or single malt, when quality not quantity is the rule. At the age of 13 that was how my son`s grandfather had introduced me to the "water of life" and how to enjoy a dram as one would enjoy other rare occasions when the senses would be tuned to an exquisite sunset on Santorini, the Mona Lisa at The Louvre or Beethoven`s Fifth at the Albert Hall.
These thoughts on children and alcohol have been prompted by my 4th December 2010 diary entry posted on https://amagistratesdiaries.blogspot.com/ 1st November 2026. It was prompted by the Government's proposed Police Reform and Social Responsibility Bill and in particular its proposals to give local authorities greater control over alcohol licensing and stronger powers to deal with premises persistently selling alcohol to children. The obfuscation about the relationship between legislation, enforcement and political promises is just a microcosm of how we are governed and whether this system can survive the societal changes happening right now under our collective nose.
Whether by peer pressure, curiosity or lack of positive parenting many children obtain their alcohol from shops willing to break the law under Section 146 regarding the sale of alcohol to children as part of the Licensing Act 2003. Over the last decade research and data from organisations like Alcohol Concern (now part of Alcohol Change UK) consistently estimate that approximately 40% of youth offences are committed while the young person is under the influence of alcohol. Violent crimes, public disorder and anti-social behaviour by young offenders are inextricably linked with the consumption of alcohol. Criminologists and health economists are generally agreed that alcohol frequently acts as an aggravating catalyst rather than the sole trigger of youth offending.
Whilst researching this post it became apparent that there are two approaches to the study of alcohol and children. There is mine as outlined in my opening paragraph and the zero tolerance approach adopted by strict parental control which found that adolescents from such households generally delayed heavy drinking longer and consumed less alcohol overall.
Since that post of 2010 I would question whether there has been any substantive change in the relationship between legislation and the scourge of under age drinking. The Ministry of Justice's historical figures provide some cause for concern. Between 2010 and 2015 defendants proceeded against for the s.146 offence fell from 316 to 89. Convictions fell from 277 to 73. Both represent reductions of more than 70 per cent. These figures do not establish that illegal sales increased nor do they prove that enforcement became less effective. They do, however, demonstrate a substantial reduction in the number of cases reaching the courts.
Since that post of 2010 I would question whether there has been any substantive change in the relationship between legislation and the scourge of under age drinking. The Ministry of Justice's historical figures provide some cause for concern. Between 2010 and 2015 defendants proceeded against for the s.146 offence fell from 316 to 89. Convictions fell from 277 to 73. Both represent reductions of more than 70 per cent. These figures do not establish that illegal sales increased nor do they prove that enforcement became less effective. They do, however, demonstrate a substantial reduction in the number of cases reaching the courts.
If a Government wishes to demonstrate that its licensing policy is working it should be able to tell the public how effectively that policy is being enforced. Just as with crime statistics generally the numbers or rather the lack of numbers on which policies can be judged are conspicuous by their absence. How many test purchases have been conducted by trading standards officers? How many resulted in the discovery of illegal sales? How many premises received warnings? How many licensing reviews were initiated? How many premises had conditions imposed or their licences suspended or revoked? How many fixed penalties were issued, and how many cases resulted in prosecution? These are not obscure statistical curiosities. They are the basic measurements by which the effectiveness of a licensing regime ought to be judged. Yet the national picture is remarkably incomplete. There is no readily available, consistent annual national series bringing together all these measures for the period from 2010 to 2025. The MOJ can tell us how many defendants were proceeded against and convicted. That is useful but it tells us nothing about the number of suspected offences which never reached court.
In 2010 the transfer of licensing responsibilities from magistrates to local authorities was already a matter of concern to me. The argument for local involvement was that decisions would become more responsive to local circumstances and community interests. That may have been the intention but intention and performance are different matters. Local authorities now have substantial responsibilities for licensing enforcement often through trading standards and environmental health departments. Their ability to discharge those responsibilities depends upon resources, staffing, priorities and the willingness to take action. I know from my own borough that it has a projected deficit this upcoming year of £200 million and according to its latest Trading Standards Annual Report (2025/2026) the figures show zero court convictions specifically for underage alcohol sales but massive escalation in other product categories. The Government should be able to publish an annual national return showing the number of test purchases, breaches identified, enforcement notices, licensing reviews, suspensions, revocations and prosecutions. Such information should be broken down by local authority so that variations in enforcement can be examined. There is nothing particularly radical about this proposal. It is simply the collection and publication of information necessary to judge whether the law is working. Governments are quick to boast of the new powers they have made available to public bodies but are less vociferous in publishing the results of such legislation. Below is a table that illustrates s.146 action 2010-2015.
The historical figures do not, however, establish what happened after 2015. The MOJ`S latest Criminal Justice Statistics Quarterly publication, covering the year to June 2026, includes updated offence-level data. The individual s.146 entries for 2016–2025 still need to be extracted and checked before a complete sixteen year comparison can be published.
The decline in s.146 prosecutions between 2010 and 2015 deserves investigation. The figures from 2016 to 2025 must be established before it can be said whether that decline continued. Equally, the absence of a comprehensive national record of enforcement activity makes it difficult to judge whether the transfer of licensing responsibilities has delivered the benefits originally promised.
Sixteen years after questioning the transfer of licensing responsibilities from magistrates to local authorities the evidence suggests that the fundamental problem has not gone away. Prosecutions and convictions for selling alcohol to children have fallen dramatically. Yet who can say whether this reflects less offending or simply less enforcement? A convincing national picture of under age sales, alcohol-related offending and the effectiveness of licensing controls is still lacking. Governments can pass laws, announce tougher penalties and congratulate themselves on decisive action but legislation without enforcement is little more than political theatre. My warning in 2010 was that responsibility had been transferred without sufficient regard to the consequences. The question now is stark. Has effective enforcement for administrative convenience been sacrificed and the law left to gather dust?
Finally on a personal note as above some research indicates that young people who receive alcohol from their parents are more likely, not less likely, to engage in binge drinking and experience alcohol related harm later in adolescence. With that statistical metaphoric wrap upon my knuckles I must add that if my family were interviewed for such research we would be outliers.
