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Offences under the Licensing Act 2003 – Underage offences

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There are a number of offences that can be committed under the Licensing Act 2003.

Council or Police officers can prosecute persons for any of these offences. Cases can be dealt with by way of a formal caution or in the Magistrates Court. The Court may also order the forfeiture of a Personal Licence, or suspend it for up to six months. If you are convicted of an offence, the Police may also raise objections to you holding a Personal Licence, and the Council can hold a hearing to consider whether your Personal Licence should be revoked.

 Underage offences

Offence Person who commits
the offence
Defence to the charge Max penalty
Knowingly allowing an unaccompanied child on premises
exclusively or primarily being used for the supply of alcohol for consumption on the premises
As for disorderly conduct Child was passing to/from another place where there is no
other means of access or egress; due diligence if due to the act or default of another
£1,000.00
Allowing an unaccompanied child to be on relevant premises
between midnight and 5.00am when the premises are being used for the purpose of supplying alcohol for consumption there
As for disorderly conduct Child was passing to/from another place where there is no
other means of access or egress; due diligence if due to the act or default of another
£1,000.00
Selling alcohol to a person aged under 18 Any person, a Club, or a person on behalf of a club (i) belief that person was over 18 AND either (a) had taken all steps to establish the age, i.e. was provided with evidence that would convince any reasonable person or (b) no reasonable person would have suspected person was under 18; (ii) due diligence where act or default or another £5,000.00
Knowingly allowing the sale or supply of alcohol on relevant premises to a person aged under 18 Any person who works at the Premises in any capacity, whether paid or unpaid, which authorises him to prevent the supply; any member or officer of a Club who at the time was present in a capacity which
enabled him to prevent it
No defence available Unlimited fine
Knowingly allowing alcohol to be supplied to, or to the
order of, a Club Member who is under 18, or to the order of a Member, to
someone under 18
Any person who works at the premises in any capacity, whether paid or unpaid, which authorises him to prevent the supply; any member or officer of a Club who at the time was present in a capacity which
enabled him to prevent it
No defence available Unlimited fine
Attempting to buy alcohol when aged under 18 (unless sent
by a constable or Trading Standards Officer)
Any person aged under 18 No defence available £1,000.00
Being supplied with alcohol by a Club you are a member of,
by or on behalf of the Club, because of some act or default of yours, or attempting to have alcohol supplied to you or to your order by or on behalf
of, the Club
Any person aged under 18 No defence available £1,000.00
Buying or attempting to buy alcohol on behalf of a person
aged under 18
Any person No reason to suspect person was under 18 Unlimited fine
Being a Club Member and making an arrangement for alcohol
to be supplied to a person under 18, or attempting to make such arrangements
Any Club member No reason to suspect person was under 18 Unlimited fine
Buying, or attempting to buy, alcohol for consumption on
relevant premises by a person aged under 18; or having (by act or default) alcohol supplied to him or to his order, for consumption on the premises by a person aged under 18
Any person or Club member – but does not apply to a 16/17 year old drinking beer, wine or cider for consumption with a table meal on relevant premises when accompanied by a person aged over 18 No reason to suspect person was under 18 Unlimited fine
Knowingly consuming alcohol on relevant premises Any person aged under 18 except exemption for 16/17 year olds as above No defence available £1,000.00
Knowingly allowing consumption of alcohol on the premises
by a person aged under 18
Any person who works at the premises in any capacity, whether paid or unpaid, which authorises him to prevent the supply; any member or officer of a Club who at the time was present in a capacity which
enabled him to prevent it
No defence available Unlimited fine
Knowingly delivering alcohol sold or supplied on the premises
to a person aged under 18 (also applies to Clubs)
Any person who works at the premises in any capacity, whether paid or unpaid Delivering to the buyer’s home or work; where the underage
person works at the premises in a capacity that involves alcohol delivery; or where the alcohol is sold for consumption on the premises
Unlimited fine
Knowingly allowing someone else to deliver alcohol sold on
relevant premises to a person aged under 18
Any person who works at the premises, whether paid or unpaid in a capacity that authorises him to prevent the delivery As above Unlimited fine
Knowingly allowing someone else to deliver alcohol sold on the premises to a person aged under 18 by or on behalf of a Club, or to the order of a Member Any person who works at the premise in a capacity, paid or unpaid, which authorises him to prevent the supply, and any member or officer of the Club present at the time in a capacity that enables him to prevent it As above Unlimited fine
Knowingly sending a child to buy alcohol to be consumed off the relevant premises; supplying alcohol by or on behalf of a Club for the same reason (except where instructed by a constable or a Trading Standards Officer) Any person No defence Unlimited fine
Knowingly allowing a person aged under 18 to sell alcohol or supply alcohol on behalf of a Club, unless the sale or supply has been specifically approved by that person -does not apply where the alcohol is sold for consumption with a table meal in premises used for the service of
table meals (or a part of the premises used for this), and where the premises are not used for the sale and supply of alcohol except to persons having table meals as an ancillary to eating
Premises Licence Holder; Designated Premises Supervisor; person aged over 18 authorised by a Premises Licence Holder or DPS; any member or officer of a Club where present in a capacity which authorises him to prevent the supply; a Premises User under a Temporary Event Notice or
person aged over 18 authorise for this purpose by the Premises User
No defence available £200.00

 

 

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