Licensing Act 1964 (repealed)

169 Serving or delivering intoxicating liquor to or for consumption by persons under 18. E+W

(1) Subject to [F1 subsection (4)] of this section, in licensed premises the holder of the licence or his servant shall not . . . F2 sell intoxicating liquor to a person under eighteen or knowingly allow a person under eighteen to consume intoxicating liquor in a bar nor shall the holder of the licence knowingly allow any person to sell intoxicating liquor to a person under eighteen.

(2) Subject to subsection (4) of this section, a person under eighteen shall not in licensed premises buy or attempt to buy intoxicating liquor, nor consume intoxicating liquor in a bar.

(3) No person shall buy or attempt to buy intoxicating liquor for consumption in a bar in licensed premises by a person under eighteen.

(4) Subsections (1) and (2) of this section do not prohibit the sale to or purchase by a person who has attained the age of sixteen of beer, porter, cider or perry for consumption at a meal in a part of the premises usually set apart for the service of meals which is not a bar.

[F3 (4A) Where a person is charged under subsection (1) of this section with the offence of selling intoxicating liquor to a person under eighteen and he is charged by reason of his own act, it shall be a defence for him to prove—

(a) that he exercised all due diligence to avoid the commission of such an offence; or

(b) that he had no reason to suspect that the person was under eighteen.

(4B) Where the person charged with an offence under subsection (1) of this section is the licence holder and he is charged by reason of the act or default of some other person, it shall be a defence for him to prove that he exercised all due diligence to avoid the commission of an offence under that subsection.]

(5) Subject to subsection (7) of this section, the holder of the licence or his servant shall not knowingly deliver, nor shall the holder of the licence knowingly allow any person to deliver, to a person under eighteen intoxicating liquor sold in licensed premises for consumption off the premises, except where the delivery is made at the residence or working place of the purchaser.

(6) Subject to subsection (7) of this section, a person shall not knowingly send a person under eighteen for the purpose of obtaining intoxicating liquor sold or to be sold in licensed premises for consumption off the premises, whether the liquor is to be obtained from the licensed premises or other premises from which it is delivered in pursuance of the sale.

(7) Subsections (5) and (6) of this section do not apply where the person under eighteen is a member of the licence holder’s family or his servant or apprentice and is employed as a messenger to deliver intoxicating liquor.

[F4 (8) A person guilty of an offence under this section shall be liable to a fine not exceeding level 3 on the standard scale; and on a person’s second or subsequent conviction of such an offence the court may, if the offence was committed by him as the holder of a justices’ licence, order that he shall forfeit the licence.]

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F1 Words substituted by Licensing Act 1988 (c. 17, SIF 68:1), s. 19, Sch. 3 para. 17

F2 Word repealed by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 4

F3 S. 169(4A)(4B) inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 16(3)

F4 S. 169(8) substituted for s. 169(8)(9) by Licensing Act 1988 (c. 17, SIF 68A:1), s. 16(4)

F5 S. 169(10) repealed by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 4

Modifications etc. (not altering text)

C1 S. 169(8) extended by Gaming Act 1968 (c. 65, SIF 12:1), s. 8(7)