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Licensing (Scotland) Act 2005

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This is the original version (as it was originally enacted).

105Purchase of alcohol by or for a child or young person

This section has no associated Explanatory Notes

(1)A child or young person who buys or attempts to buy alcohol (whether for himself or herself or another person) commits an offence.

(2)It is not an offence under subsection (1) for a child or young person to buy or attempt to buy alcohol if the child or young person is authorised to do so by the chief constable for the purpose of determining whether an offence is being committed under section 102.

(3)A chief constable may authorise a child or young person to buy or attempt to buy alcohol as mentioned in subsection (2) only if satisfied that all reasonable steps have been or will be taken to avoid any risk to the welfare of the child or young person.

(4)A person other than a child or young person who knowingly buys or attempts to buy alcohol—

(a)on behalf of a child or young person, or

(b)for consumption on relevant premises by a child or young person,

commits an offence.

(5)Subsection (4)(b) does not apply to the buying of beer, wine, cider or perry for consumption by a young person along with a meal supplied on relevant premises.

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

(7)A person guilty of an offence under subsection (4) is liable on summary conviction to—

(a)a fine not exceeding level 5 on the standard scale,

(b)imprisonment for a term not exceeding 3 months, or

(c)both.

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