Licensing (Scotland) Act 2005

104 Sale of liqueur confectionery to a child

(1) A person who sells liqueur confectionery to a child commits an offence.

(2) It is a defence for a person charged with an offence under subsection (1) (referred to in this section as “the accused”) to show that—

(a) the accused believed the child to be aged 16 or over, and

(b) either—

(i) the accused had taken reasonable steps to establish the child’s age, or

(ii) no reasonable person could have suspected from the child’s appearance that the child was aged under 16.

(3) For the purposes of subsection (2)(b)(i), the accused is to be treated as having taken reasonable steps to establish the child’s age if and only if—

(a) the accused was shown evidence of the child’s age, and

(b) that evidence would have convinced a reasonable person.

(4) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.