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Licensing Act 2003

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This is the original version (as it was originally enacted).

149Purchase of alcohol by or on behalf of children

This section has no associated Explanatory Notes

(1)An individual aged under 18 commits an offence if—

(a)he buys or attempts to buy alcohol, or

(b)where he is a member of a club—

(i)alcohol is supplied to him or to his order by or on behalf of the club, as a result of some act or default of his, or

(ii)he attempts to have alcohol supplied to him or to his order by or on behalf of the club.

(2)But subsection (1) does not apply where the individual buys or attempts to buy the alcohol at the request of—

(a)a constable, or

(b)a weights and measures inspector,

who is acting in the course of his duty.

(3)A person commits an offence if—

(a)he buys or attempts to buy alcohol on behalf of an individual aged under 18, or

(b)where he is a member of a club, on behalf of an individual aged under 18 he—

(i)makes arrangements whereby alcohol is supplied to him or to his order by or on behalf of the club, or

(ii)attempts to make such arrangements.

(4)A person (“the relevant person”) commits an offence if—

(a)he buys or attempts to buy alcohol for consumption on relevant premises by an individual aged under 18, or

(b)where he is a member of a club—

(i)by some act or default of his, alcohol is supplied to him, or to his order, by or on behalf of the club for consumption on relevant premises by an individual aged under 18, or

(ii)he attempts to have alcohol so supplied for such consumption.

(5)But subsection (4) does not apply where—

(a)the relevant person is aged 18 or over,

(b)the individual is aged 16 or 17,

(c)the alcohol is beer, wine or cider,

(d)its purchase or supply is for consumption at a table meal on relevant premises, and

(e)the individual is accompanied at the meal by an individual aged 18 or over.

(6)Where a person is charged with an offence under subsection (3) or (4) it is a defence that he had no reason to suspect that the individual was aged under 18.

(7)A person guilty of an offence under this section is liable on summary conviction—

(a)in the case of an offence under subsection (1), to a fine not exceeding level 3 on the standard scale, and

(b)in the case of an offence under subsection (3) or (4), to a fine not exceeding level 5 on the standard scale.

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