Licensing Act 2003

138Keeping alcohol on premises for unauthorised sale etc.E+W

This section has no associated Explanatory Notes

(1)A person commits an offence if he has in his possession or under his control alcohol which he intends to sell by retail or supply in circumstances where that activity would be an unauthorised licensable activity.

(2)For that purpose a licensable activity is unauthorised unless it is under and in accordance with an authorisation.

(3)In subsection (1) the reference to the supply of alcohol is a reference to the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

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

(5)The court by which a person is convicted of an offence under this section may order the alcohol in question, and any container for it, to be forfeited and either destroyed or dealt with in such other manner as the court may order.