PART 2ALCOHOL LICENSING

Supply of alcohol to a child or young person

I153Offences of supplying alcohol to a child or young person

1

After section 104 of the 2005 Act insert—

104ASupply of alcohol to a child

1

A person, other than a child or young person, who—

a

buys or attempts to buy alcohol—

i

on behalf of a child, or

ii

for a child, or

b

gives alcohol (or otherwise makes it available) to a child,

commits an offence.

2

Subsection (1)(a)(ii) and (b) does not apply to the buying of alcohol for, or (as the case may be) giving or making available of alcohol to, a child—

a

for consumption other than in a public place, or

b

for the purposes of religious worship.

3

In subsection (2)(a), “public place” includes—

a

relevant premises,

b

any place to which the public have access for the time being (whether on payment of a fee or otherwise), and

c

any place to which the public do not have access but to which the child unlawfully gains access.

4

A person who commits an offence under subsection (1) 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.

104BSupply of alcohol to a young person

1

A person, other than a child or young person, who knowingly—

a

buys or attempts to buy alcohol—

i

on behalf of a young person, or

ii

for a young person, or

b

gives alcohol (or otherwise makes it available) to a young person,

commits an offence.

2

Subsection (1)(a)(ii) and (b) does not apply to—

a

the buying of alcohol for, or (as the case may be) giving or making available of alcohol to, a young person—

i

for consumption other than in a public place, or

ii

for the purposes of religious worship, or

b

the buying, or (as the case may be) giving or making available, of beer, wine, cider or perry for consumption by a young person along with a meal supplied on relevant premises.

3

In subsection (2)(a)(i), “public place” includes—

a

relevant premises,

b

any place to which the public have access for the time being (whether on payment of a fee or otherwise), and

c

any place to which the public do not have access but to which the young person unlawfully gains access.

4

A person who commits an offence under subsection (1) 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.

2

In section 105 of the 2005 Act (purchase of alcohol by or for a child or young person)—

a

subsections (4), (5) and (7) are repealed,

b

the section title becomes Purchase of alcohol by a child or young person.