PART 4GRAFFITI AND OTHER DEFACEMENT
Aerosol paints
I137Sale of aerosol paint to children
1
A person who sells an aerosol paint container to a person under the age of 18 commits an offence.
2
In subsection (1) “aerosol paint container” means a device which—
a
contains paint stored under pressure, and
b
is designed to permit the release of the paint as a spray.
3
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
4
It is a defence for a person charged with an offence under this section in respect of a sale to prove that—
a
that person took all reasonable steps to determine the purchaser's age, and
b
that person reasonably believed that the purchaser was not under the age of 18.
5
It is a defence for a person charged with an offence under this section in respect of a sale effected by another person to prove that that person (the defendant) took all reasonable steps to avoid the commission of an offence under this section.
6
It shall be the duty of a district council—
a
to consider, at least once in every period of 12 months, the extent to which it is appropriate for it to carry out a programme of enforcement action in relation to this section, and
b
to the extent that it considers it appropriate to do so, carry out such a programme.
7
For the purposes of subsection (6), a programme of enforcement action in relation to this section is a programme involving all or any of the following—
a
the bringing of prosecutions in respect of offences under this section;
b
the investigation of complaints in respect of alleged offences under this section;
c
the taking of other measures intended to reduce the incidence of offences under this section.