Licensing Act 2003 (c. 17)

Part 7 E+W+N.I. Offences

Unauthorised licensable activities E+W

139 Defence of due diligence E+W

(1) In proceedings against a person for an offence to which subsection (2) applies, it is a defence that—

(a) his act was due to a mistake, or to reliance on information given to him, or to an act or omission by another person, or to some other cause beyond his control, and

(b) he took all reasonable precautions and exercised all due diligence to avoid committing the offence.

(2) This subsection applies to an offence under—

(a) section 136(1)(a) (carrying on unauthorised licensable activity),

(b) section 137 (exposing alcohol for unauthorised sale), or

(c) section 138 (keeping alcohol on premises for unauthorised sale).