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.