Part 7

Offences

Children and alcohol

Sale of liqueur confectionery to children under 16
148
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).