Part 4Protection of children and young persons

General

I160Temporary use notice

1

For the purposes of this Part—

a

a temporary use notice in respect of the use of premises to carry on an activity shall be treated as if it were a premises licence authorising that activity, and

b

an occasional use notice in respect of premises shall be treated as if it were a betting premises licence.

2

Sections 47(6) and 182 shall apply in relation to a notice treated as a premises licence by virtue of subsection (1) above.

I261Employment

1

In this Part a reference to employing a person includes a reference to—

a

employing or engaging the person whether or not under a contract of employment, and

b

causing or permitting the person to be employed or engaged.

2

Where a person commits an offence under this Part by employing a person or by being employed, he shall be treated as committing the offence on each day during any part of which the employment continues.

I362Penalty

1

A person guilty of an offence under this Part shall be liable on summary conviction to—

a

imprisonment for a term not exceeding 51 weeks,

b

a fine not exceeding level 5 on the standard scale, or

c

both.

2

But in relation to an offence committed by a young person subsection (1) shall have effect as if—

a

paragraphs (a) and (c) were omitted, and

b

in paragraph (b) the reference to level 5 were a reference to level 3.

3

In the application of subsection (1) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

I463Reasonable belief about person's age

1

Where a person is charged with an offence under this Part of doing anything in relation to an individual who is a child it is a defence for the person charged to prove that—

a

he took all reasonable steps to determine the individual's age, and

b

he reasonably believed that the individual was not a child.

2

Where a person is charged with an offence under this Part of doing anything in relation to an individual who is a young person it is a defence for the person charged to prove that—

a

he took all reasonable steps to determine the individual's age, and

b

he reasonably believed that the individual was not a young person.

I564Use of children in enforcement operations

1

Nothing in this Part renders unlawful—

a

anything done, in the performance of his functions, by a constable, an enforcement officer or an authorised person, or

b

anything done by a child or young person at the request of a constable, enforcement officer or authorised person acting in the performance of his functions.

2

Subsection (1) applies to an order under section 59 as to the provisions of this Part.