Non-Alcoholic Beer: Under-18S And Uk Law

In the UK, non-alcoholic beer is becoming increasingly popular, with 85% of pubs now offering at least one low- or no-alcohol option. While non-alcoholic beer typically contains only trace amounts of alcohol, it is not completely alcohol-free. Legally, under-18s can purchase non-alcoholic beer in pubs, as it is not defined as an 'alcoholic' drink under the Licensing Act 2003. However, many pubs choose not to serve these drinks to minors due to the risk of indirectly promoting alcohol to children and the difficulty in distinguishing non-alcoholic drinks from their alcoholic equivalents.

Under 18s can buy non-alcoholic beer in pubs but not in supermarkets

The sale of non-alcoholic beer to minors is a controversial topic that has been bubbling up in the UK's hospitality industry. While it is legal for under-18s to purchase non-alcoholic beer in pubs, many establishments choose not to serve these drinks to minors. This has left some people wondering why non-alcoholic beer is available to under-18s in pubs but not in supermarkets.

The Licensing Act 2003 defines "alcohol" as beverages with an alcohol by volume (ABV) of over 0.5%. Therefore, non-alcoholic drinks with an ABV of 0.5% or less are not considered alcohol, and relevant underage sale offences do not apply. However, many pubs still operate an age verification policy for low and non-alcoholic drinks to reduce the risk of accidentally selling alcohol to minors.

Some pubs choose not to serve non-alcoholic beer to under-18s because it can be challenging for staff to distinguish these drinks from their alcoholic counterparts once they have been poured into a glass. Additionally, non-alcoholic beer often has similar packaging and branding to alcoholic beer, which could be seen as promoting alcohol to children. By restricting the sale of non-alcoholic beer to minors, pubs can avoid any potential confusion or risk of breaking the law.

On the other hand, some independent pubs view the legislation as a positive change. They argue that offering non-alcoholic options to under-18s encourages younger people to use pubs and helps them learn how to behave responsibly in adult society. These pubs believe that non-alcoholic beer is fundamentally a soft drink and poses no harm to minors.

The discrepancy between the availability of non-alcoholic beer to under-18s in pubs and supermarkets highlights the ongoing debate surrounding the sale of these drinks to minors. While it may be legal in pubs, supermarkets often treat non-alcoholic beer the same as alcoholic beer to avoid promoting alcohol to children and make it easier to enforce rules regarding alcohol sales.

Non-alcoholic beer is often treated the same as alcoholic beer

In the UK, non-alcoholic beer is often treated the same as alcoholic beer. While non-alcoholic beer is legally defined as a drink with less than 0.5% ABV, many pubs and retailers choose to restrict its sale to those under 18. This is primarily because non-alcoholic beer is often produced by the same companies that make alcoholic drinks, and promoting these "alcohol substitute" drinks to minors could indirectly promote similar products that contain alcohol. The packaging and the drink itself are also almost indistinguishable from alcoholic beer, which can make it difficult for staff to monitor what customers are drinking, especially once the product has been served.

The Licensing Act 2003 states that alcohol means beers, wines, ciders, spirits, or other liquors over 0.5% ABV strength. Therefore, non-alcoholic drinks are not classed as alcohol, and relevant underage sale offences do not apply. However, many licensed operators still operate an age verification policy for low and non-alcoholic drinks to reduce the risk of an underage sale. It is also a practical solution, as it can be confusing for bar staff to constantly check the ABV of drinks. As a result, some pubs have implemented policies to only serve alcoholic and non-alcoholic drinks to those over 18 and request proof of ID.

Some pubs also view serving non-alcoholic drinks to minors as promoting alcohol to children. A spokesperson for Mitchells & Butlers stated that they do not allow the sale of non-alcoholic beer, lager, or cider to anyone under 18 because these drinks are alcohol-free versions of alcoholic products and look and taste very similar. Uphouse Pubs representative Martin Barnes shared a similar sentiment, stating that while it would feel strange to serve non-alcoholic beer to someone under 18, it is ultimately a soft drink and could encourage younger people to use pubs.

On the other hand, some independent pubs view the legislation as a positive. John Ellis, the licensee of the Crown Inn, Oakengates, Shropshire, believes that allowing under-18s to purchase non-alcoholic beer can benefit their maturation. He stated that it is not illegal for them to drink these products and that it is part of the educative process of learning how to grow up.

Pub policies vary on serving non-alcoholic beer to under 18s

While under-18s can legally purchase non-alcoholic beer in UK pubs, policies vary between establishments. The Licensing Act 2003 states that drinks containing less than 0.5% alcohol by volume (ABV) are not classed as alcoholic beverages, meaning that it is legal to sell them to minors. Despite this, many pubs choose not to serve non-alcoholic beer to under-18s.

Some pubs implement an age verification policy for all drinks, including those under 0.5% ABV, to avoid unwittingly breaking the law and to reduce the risk of underage sales. This approach is considered extra cautious but is not unlawful. As a result, customers may be asked to show ID when purchasing low-alcoholic beer, even if it is below 0.5% ABV.

Some pub companies, such as JD Wetherspoon, choose not to serve non-alcoholic beer to under-18s due to the operational difficulty of distinguishing it from alcoholic drinks once served. They aim to prevent underage drinking and avoid confusion among staff. However, other pubs view this legislation as a positive, adapting to the shift towards less alcohol consumption, particularly among younger generations. They believe that offering non-alcoholic options to under-18s encourages them to use pubs and contributes to the social needs of their communities.

Ultimately, pub policies vary, and while some may serve non-alcoholic beer to minors, others may choose to restrict these sales to avoid legal and moral complications.

Non-alcoholic beer packaging is similar to alcoholic beer

In the UK, under-18s can legally purchase low and non-alcoholic beer in pubs and hospitality settings. However, this only applies to drinks that are 0.5% ABV or below. This is because the Licensing Act 2003 defines "alcohol" as any drink that contains more than 0.5% alcohol by volume (ABV). As such, many pubs and licensed operators still operate an age verification policy for low and non-alcoholic drinks, requiring proof of ID for any drink that contains alcohol, even if it is below 0.5% ABV.

Another similarity is that both alcoholic and non-alcoholic beers must adhere to certain labelling regulations. For instance, non-alcoholic malt beverages cannot be labelled as "beer" in the US, as this term is legally defined as a beverage containing at least 0.5% alcohol by volume. Instead, they are considered "cereal beverages". Additionally, non-alcoholic beverages are not required to include health warning statements on their labels, as these statements are aimed at warning consumers about the presence of alcohol.

However, there are also some differences in the packaging requirements for alcoholic and non-alcoholic beers. For example, non-alcoholic beverages must include an alcohol content statement on the label, stating that the drink contains less than 0.5% alcohol by volume. On the other hand, alcoholic beers must list the exact alcohol content to the nearest 0.1%.

In terms of design, non-alcoholic beer packaging can be just as eye-catching and visually appealing as its alcoholic counterpart. Colour, design, and typography are all important elements that can help non-alcoholic beers stand out on the shelf and attract consumers. Ultimately, while there are some regulatory differences, the overall packaging and presentation of non-alcoholic beers are similar to those of alcoholic beers, allowing them to signal to consumers that they are a similar product.

Non-alcoholic beer is a growing market in the UK

The non-alcoholic drinks market in the UK is expected to grow annually by 2.61% between 2023 and 2027. Beer continues to dominate the UK's no/low market, with the sector growing by 8% in 2022 and predicted to increase by 7% between 2022 and 2026. This growth is fuelled by smaller start-ups and line extensions of popular full-strength brands, which are helping to normalise the category.

The UK is one of the world's most dynamic markets for no/low-alcohol products, with new product launches and growth forecasts outpacing many other countries. This trend is particularly pronounced among younger consumers of legal drinking age, who are increasingly choosing no-alcohol beverages at festivals and outdoor events.

The total beverage alcohol market in the UK is expected to decline by 1% annually over the next five years. However, the no/low-alcohol segment is projected to buck this trend, with a forecast volume CAGR of +19% between 2023 and 2028. This growth is partly driven by excise duty changes and a trend towards moderation, with consumers seeking out better value options and reducing their alcohol intake.

While the sale of non-alcoholic beer to minors in supermarkets and other off-licensed premises is prohibited, it is legal for under-18s to purchase these drinks in pubs and restaurants. However, many licensed operators choose to implement an age verification policy for all alcoholic and low/non-alcoholic drinks to reduce the risk of unwittingly making underage sales.

Frequently asked questions