PART 4GRAFFITI AND OTHER DEFACEMENT

Aerosol paints

I137Sale of aerosol paint to children

1

A person who sells an aerosol paint container to a person under the age of 18 commits an offence.

2

In subsection (1) “aerosol paint container” means a device which—

a

contains paint stored under pressure, and

b

is designed to permit the release of the paint as a spray.

3

A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

4

It is a defence for a person charged with an offence under this section in respect of a sale to prove that—

a

that person took all reasonable steps to determine the purchaser's age, and

b

that person reasonably believed that the purchaser was not under the age of 18.

5

It is a defence for a person charged with an offence under this section in respect of a sale effected by another person to prove that that person (the defendant) took all reasonable steps to avoid the commission of an offence under this section.

6

It shall be the duty of a district council—

a

to consider, at least once in every period of 12 months, the extent to which it is appropriate for it to carry out a programme of enforcement action in relation to this section, and

b

to the extent that it considers it appropriate to do so, carry out such a programme.

7

For the purposes of subsection (6), a programme of enforcement action in relation to this section is a programme involving all or any of the following—

a

the bringing of prosecutions in respect of offences under this section;

b

the investigation of complaints in respect of alleged offences under this section;

c

the taking of other measures intended to reduce the incidence of offences under this section.