Part 7Offences

Children and alcohol

148Sale of liqueur confectionery to children under 16

1

A person commits an offence if he—

a

sells liqueur confectionery to an individual aged under 16, or

b

supplies such confectionery, on behalf of a club—

i

to or to the order of a member of the club who is aged under 16, or

ii

to the order of a member of the club, to an individual who is aged under 16.

2

A club commits an offence if liqueur confectionery is supplied by it or on its behalf—

a

to or to the order of a member of the club who is aged under 16, or

b

to the order of a member of the club, to an individual who is aged under 16.

3

Where a person is charged with an offence under this section by reason of his own conduct it is a defence that—

a

he believed that the individual was aged 16 or over, and

b

either—

i

he had taken all reasonable steps to establish the individual’s age, or

ii

nobody could reasonably have suspected from the individual’s appearance that he was aged under 16.

4

For the purposes of subsection (3), a person is treated as having taken all reasonable steps to establish an individual’s age if—

a

he asked the individual for evidence of his age, and

b

the evidence would have convinced a reasonable person.

5

Where a person (“the accused”) is charged with an offence under this section by reason of the act or default of some other person, it is a defence that the accused exercised all due diligence to avoid committing it.

6

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

7

In this section “liqueur confectionery” has the meaning given in section 191(2).