Under-18s allowed to stay in village pub after police request 'no standing' drinking rule

The only pub in a village on Orkney has secured a license change, allowing young people to stay for “darts and pool matches”.

Finstown’s only pub, The Pomona Inn, has secured a change to its alcohol premises licence, which means underage patrons will be able to stay in the pub and take part in pool and darts matches.

Although not opposed, the rule change came under scrutiny from Police Scotland, which asked for a rule under which patrons wouldn’t be allowed to drink while standing if there is a 16 or 17-year-old on the premises.

Licensing board members questioned the logic of such a rule, cutting it from their final decision.

The pub re-opened earlier this year after pre-pandemic closure. It had been closed just before the start of the lockdown in 2020.

New owners Sharon and Dave Craigie bought it last January and have worked towards its reopening throughout this year.

The council originally granted it a new alcohol premises licence in August as part of that process.

Under-18s from the age of five and up have been able to go into the pub as long as an adult accompanies them. However, they had to leave by 8pm.

After they got their original licence, the pub’s new owners said they had missed something.

They would have liked to include rules in their licence that would allow 16 and 17-year-olds into the pub later to take part in pool and darts competitions.

That is part of what has been approved by the Orkney Area Licensing Board.

Under its updated licence, The Pomona Inn will be able to:

Allow children and young people, aged between five and 16, onto the premises as long as they’re accompanied by a parent or guardian.
Children and young people can stay in the pub for the duration of a private function.
16 and 17-year-olds are allowed to take part in pool and darts league games for the duration of the competition.
However, there was a representation from the police, backed by NHS Orkney.

The first of these extra rules stated that an adult should also accompany the young people taking part in pool or darts league.

A second rule stated that children or young people can’t sit or remain at the bar, including during private functions.

Both of these requests from the police were approved by the licensing board and attached the Pomona’s updated licence.

Police Scotland said pub-goers shouldn’t be allowed to stand and drink while a younger person is in the room.

This said, during competitions where 16 and 17-year-olds are in attendance, “all efforts should be taken that there is no vertical (upright) consumption of alcohol on the premises.”

However, board members questioned “the logic” of such a rule.

Board member and Finstown resident Owen Tierney asked what the difference was between a 17-year-old sitting next to someone drinking while seated or standing.

He said: “I’m not sure how that’s going to make a difference in protecting young people from harm from drinking.

“Can someone explain the logic of that?

The police said the pub’s staff would have a better view of the premises, which would help prevent rule-breaking.

Under further scrutiny from Mr Tierney, it was clarified that other premises in Orkney aren’t being asked to do the same.

One of the pub’s owners also stated their concerns about the standing rule.

Owner Dave Craigie told the board they feel “we can’t ask folk who have nothing to do with pool or darts to sit down if a 17-year-old happens to be in.

“In general, the teams sit together anyway, but the premises are open to other patrons.”

He also said having drinkers seated would make “absolutely no difference” to the staff’s ability to police the rules.

He said they have already been “very diligent” and “very strict” about keeping an eye on under-agers on the premises.

Board Member Steven Heddle said there was no “precedent” for the “vertical consumption of alcohol” rule in Orkney.

He said it was clear that the onus was firmly on the pub to police underage drinking on the premises. Mr Heddle moved that the rule against standing up should be struck off their final verdict.

At a vote, he was supported by a majority of his fellow board members.

The seconder was Mr Tierney who said: “These people are quite new to the premises.

“I have heard nothing but good reports. There’s never been any sign of anything disruptive happening at the premises.

“The outward appearance is that it’s quite busy and they are providing a service that’s required.

“It would be a shame for them not to be able to run pool matches with the same level of restrictions as other premises.”