Part XI E+W General Provisions Regulating Sale, etc., Possession and Delivery of Intoxicating Liquor

160 Selling liquor without licence. E+W

(1) Subject to the provisions of this Act, if any person—

(a) sells or exposes for sale by retail any intoxicating liquor without holding a justices’ licence or canteen licence [F1 or occasional permission] authorising . . . F2 the sale of that liquor, or

(b) holding a justices’ licence [F3 an occasional licence] or a canteen licence [F1 or occasional permission] sells or exposes for sale by retail any intoxicating liquor except at the place for which that licence [F1 or permission] authorises . . . F2 the sale of that liquor,

he shall be guilty of an offence under this section.

(2) Where intoxicating liquor is sold in contravention of this section on any premises, every occupier of the premises who is proved to have been privy or consenting to the sale shall be guilty of an offence under this section.

(3) A person guilty of an offence under this section shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding [F4 level 4 on the standard scale], or to both.

(4) The holder of a justices’ licence or a canteen licence shall, on his second or subsequent conviction of an offence under this section, forfeit the licence.

(5) The court by or before which a person is convicted of an offence under this section committed after a previous conviction of such an offence may order him to be disqualified for holding a justices’ licence—

(a) on a second conviction, for a period not exceeding five years;

(b) on a third or subsequent conviction, for any term of years or for life.

(6) The court by or before which the holder of a justices’ licence [F3 an occasional licence] or a canteen licence is convicted of an offence under this section may declare all intoxicating liquor found in his possession, and the vessels containing it, to be forfeited.

[F5 (7) In subsection (1) of this section “occasional permission” means a permission granted under the M1 Licensing (Occasional Permissions) Act 1983.]

Textual Amendments

F1 Words inserted by Licensing (Occasional Permissions) Act 1983 (c. 24, SIF 68A:1), s. 4(3)(a)

F2 Words repealed by Finance Act 1967 (c. 54, SIF 63:2), Sch. 16 Pt. I

F3 Words added by Finance Act 1967 (c. 54, SIF 68A:1), Sch. 7 para. 12

F4 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F5 S. 160(7) inserted by Licensing (Occasional Permissions) Act 1983 (c. 24, SIF 68A:1), s. 4(3)(b)

Marginal Citations

M1 1983 c. 24 (68A:1).