Air Weapons and Licensing (Scotland) Act 2015 (asp 10)

PART 2 ALCOHOL LICENSING

Supply of alcohol to a child or young person

53 Offences of supplying alcohol to a child or young person

(1) After section 104 of the 2005 Act insert—

“104A Supply 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.

104B Supply 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”.