BAR STAFF ARE being put in difficult positions while at work as they must police who is able to drink 0% alcohol beverages in pubs when children ask for the drinks, Labour TD Alan Kelly has said.

Laws around the consumption of 0% alcohol beverages by those under the legal drinking age are unclear, the party’s justice spokesperson claims, and it is “concerning” that pub staff are not properly trained of their rights to refuse in these cases.

He has called on the Minister for Justice Jim O’Callaghan to urgently address the issue in order to determine whether or not it is legal to serve 0% alcohol drinks in pubs.

Alcohol Action Ireland, a safe-alcohol consumption advocacy group, has previously highlighted concerns over the beverages – particularly over advertising. The group says brands attempt to circumvent marketing laws with their 0% products.

Kelly, however, says that the laws around who can legally consume the drinks in pubs are unclear. He said he was contacted by one bar staff member who raised concerns over the issue and whether his right to refuse orders from underage customers stands.

“I was contacted by a worker in a busy pub about a specific incident where a group of parents were buying 0% alcohol for children. He asked me was he right to refuse them? I felt in the spirit of the licensing laws he was. Previously though it has happened he said in other premises,” Kelly said. 

The Labour TD also said that the barman noted that staff who work later shifts are often unaware which customer has been drinking what, as the 0% drinks look identical to the alcoholic versions.

This, he said, could potentially lead to an underage customer accidentally consuming an alcoholic beverage, which can affect a premises’ licence in the future. Kelly said that this concern places “an unfair burden on workers”.

He said the issue is simple: “Children should not be consuming any product marketed or packaged like alcohol, and it should never be permitted in a licensed premises.

“I’m calling on the Minister for Justice to urgently clarify the legal position on serving 0% alcohol products to minors in pub.”

The World Health Organisation in 2023 highlighted concerns over 0% beverages and claimed that it was a legal and health “grey area” due to the brand-sharing and packaging of the products.

It said that previous research has found that some beverages were advertised as non-alcoholic but contained levels as high as 2.8%. Some drinks marketed as ‘low-alcohol’ alternatives contained levels between 0.5% and 3.7%.