Explanatory Notes

Licensing (Young Persons) Act 2000

2000 CHAPTER 30

23 November 2000

Background

Proxy purchase

5.Prior to the Act, the law did not prohibit an adult buying alcohol on behalf of a child in off-licensed premises. This has been referred to as “proxy purchase”. The Act creates a new offence of buying or attempting to buy alcohol on behalf of a child in any licensed premises. A similar offence has existed in Scotland since 1976. A defence is available if the adult had no reason to suspect that the child was under 18. A parent who bought alcohol and subsequently gave it to his child would not commit an offence. The offence covers those who act as the agents of children in contracting sales. A parent contracts the sale in his or her own right, and is not acting as the child’s agent or go-between to effect the child’s own purchase.