Part 8Offences

Offences relating to children and young people

I1104Sale of liqueur confectionery to a child

1

A person who sells liqueur confectionery to a child commits an offence.

2

It is a defence for a person charged with an offence under subsection (1) (referred to in this section as “the accused”) to show that—

a

the accused believed the child to be aged 16 or over, and

b

either—

i

the accused had taken reasonable steps to establish the child's age, or

ii

no reasonable person could have suspected from the child's appearance that the child was aged under 16.

3

For the purposes of subsection (2)(b)(i), the accused is to be treated as having taken reasonable steps to establish the child's age if and only if—

a

the accused was shown evidence of the child's age, and

b

that evidence would have convinced a reasonable person.

4

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.