A young person walks in, picks up a bottle and comes to the till. Your staff member is busy and forgets to ask for ID. A few minutes later, a trading standards officer or police officer tells you the sale was a test purchase, and you have failed.
This happens to responsible businesses every week. One failed test purchase can lead to a fine, a closure notice or a review of your premises licence. Here is how test purchasing works, who is allowed to do it, and what to do if it happens to you.
Quick answer: Test purchases are carried out by trading standards or the police, using young volunteers under 18. If your business sells to them, the seller can be fined, and repeated failures can lead to a closure notice or the loss of your licence. If you have just failed a test purchase, call us on +44 7378 501348 before you reply to anyone.
What is a test purchase?
A test purchase is a controlled check to see whether a business sells alcohol to people under 18. A young volunteer, under 18, tries to buy alcohol while officers supervise the operation.
The volunteer does not lie about their age. They dress as a young person normally would for that kind of venue. If your staff ask for ID, they may show their own genuine proof of age, which will show they are under 18.
The test is simple: did your staff ask for ID and refuse the sale?
Who authorises test purchasing?
Test purchases are authorised and carried out by two bodies:
- Trading standards (your council's weights and measures authority). Under section 154 of the Licensing Act 2003, trading standards has a duty to enforce the law on underage sales. Its inspectors can make, or authorise others to make, purchases to check whether the law is being followed.
- The police. A constable acting in the course of their duty can also ask a young person to make a test purchase.
Buying alcohol is normally an offence for someone under 18. Section 149 of the Act makes an exception when the young person is buying at the request of a police officer or trading standards inspector. That is what makes test purchasing lawful.
Trading standards and the police follow a national Code of Practice on age restricted products. It says volunteers must be under 18, must look young enough that a reasonable person would ask for ID, and must never be paid according to the result. A parent or guardian must agree, and the young person is supervised throughout.
How does a test purchase work on the day?
- The young volunteer enters your premises, usually with an officer nearby or inside.
- They try to buy alcohol, just like any other customer.
- If your staff ask for ID and refuse the sale, you pass.
- If the sale goes through, you fail. Officers will often speak to the seller and the manager straight away.
- Either way, you should get a letter. Under the Code of Practice, trading standards should write to you within 5 working days if you fail, and within 10 working days if you pass. For alcohol, the letter also goes to the premises licence holder.
The letter should say when the test took place, what was bought, the result, whether ID was asked for and, if known, who made the sale. Keep it safe. It matters for what happens next.
What happens if you fail a test purchase?
The consequences depend on whether it is a first failure and how well your business manages age checks.
- One sale to a person under 18: the seller can be prosecuted and given an unlimited fine, or offered a £90 penalty notice instead (section 146, Licensing Act 2003).
- Two or more sales at the same premises within 3 months: the premises licence holder can be prosecuted for persistent selling and given an unlimited fine (section 147A).
- On conviction for persistent selling: the court can suspend the alcohol sales on your licence for up to 3 months (section 147B).
- Instead of prosecution for persistent selling: the police or trading standards can offer a closure notice banning alcohol sales for 48 hours to 14 days (section 169A).
- In any of these cases: the police or trading standards can apply for a review of your premises licence, which can lead to new conditions, removal of the DPS, suspension or revocation (section 51).
The Home Office guidance is clear on reviews. Where persistent sales to children happen and the premises does not have a responsible policy or due diligence, a review should be the norm, and the council should consider revoking the licence (paragraph 11.30). Sales to children are also listed among the criminal activities that councils must treat "particularly seriously" (paragraph 11.27).
There is a personal risk too. Selling to a child is a relevant offence. If the seller holds a personal licence, a conviction can lead to it being suspended or revoked.
The good news: the guidance also says councils may take a proportionate approach where good systems are in place and a single staff member made a mistake. How you respond in the first few days makes a real difference. That is exactly when you should call us.
Your legal defence: due diligence
The law gives you two defences under section 146:
- For the seller: they believed the customer was 18 or over, and either asked for ID that would convince a reasonable person, or nobody could reasonably have suspected from the customer's appearance that they were under 18.
- For the business: where a staff member made the sale, you can show you took "all due diligence" to prevent it.
Due diligence is about evidence. A licensing officer, a court or a licensing sub-committee will want to see that your systems exist on paper and work in practice.
Every premises selling alcohol must also have an age verification policy. This is a mandatory condition of every premises licence. Anyone who looks under 18, or under 25 if you run Challenge 25, must prove their age before being served. They can do this with a physical ID showing a photo, date of birth and a hologram or UV feature, or, since 15 September 2026, with certified digital ID. Read more in our guide: Digital ID and the New s182 Guidance.
How to prepare: a checklist for your premises
You cannot predict when a test purchase will happen. You can make sure your business passes. Check that you have:
- A written age verification policy, ideally Challenge 25, that every staff member has read
- Signed and dated training records for every person who serves alcohol, refreshed regularly
- A refusals log that staff actually use, with date, time and a short description of each refusal
- Clear Challenge 25 signs at the entrance and the till
- Till prompts for age-restricted products, if your system allows it
- Working CCTV covering the till, with recordings kept for the period your licence requires
- A list of the ID you accept, with PASS-hologram cards, passports and photocard driving licences as standard
- If you accept digital ID, a written agreement with a certified Digital Verification Service
If you cannot tick every box, you are at risk. A short call with us can show you where the gaps are.
Frequently asked questions
Can trading standards test purchase without telling me first?
Yes. Test purchases are usually unannounced. Under the Code of Practice, you should be told the result in writing afterwards, whether you pass or fail.
Is it entrapment?
No. The volunteer does not lie about their age or pressure staff. The test only shows what your staff do with a young-looking customer.
Who gets fined, the staff member or the owner?
The person who made the sale can be prosecuted under section 146. For two or more sales within 3 months, the premises licence holder can be prosecuted for persistent selling.
Will one failed test purchase lose me my licence?
Not usually on its own, but it can start a review, especially if your records are weak. Repeated failures put your licence at serious risk.
I have just failed. What should I do first?
Do not ignore the letter, and do not reply or attend an interview unprepared. Gather your training records, refusals log and CCTV, and call us for advice.
Failed a test purchase? Call us today
The days after a failed test purchase are when the outcome is decided. The right response, records and conditions can be the difference between a warning and a licence review.
Anka Group has more than 10 years of experience with licensing reviews, trading standards and the police, across England and Wales. We work in English and Turkish. We can:
- review your age verification policy, training records and refusals log
- help you respond to trading standards or the police
- prepare you and represent you if your licence goes to a review hearing
- train your staff, including the APLH personal licence course
Call or WhatsApp us on +44 7378 501348, or contact us here. The first conversation is free.
Read more: Premises Licence Review Hearing: What Happens and How to Prepare
By Elif Goksal, APLH, Founder & Managing Director, Anka Advisory Group. This article is general information and not legal advice.