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- Point in Time (23/01/2001)
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Version Superseded: 24/11/2005
Point in time view as at 23/01/2001.
There are currently no known outstanding effects for the Licensing Act 1988 (repealed), Cross Heading: Protection of persons under eighteen.
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Textual Amendments
F1S. 16 repealed (23.1.2001) by 2000 c. 30, s. 2(4), Sch.
The following section shall be inserted after section 181 of the principal Act—
(1)In any premises from which he deals wholesale the wholesaler or his servant shall not sell intoxicating liquor to a person under eighteen.
(2)In any premises from which he deals wholesale the wholesaler shall not allow a person under eighteen to make any sale of intoxicating liquor unless the sale has been specifically approved by the wholesaler or by a person of or over the age of eighteen acting on his behalf.
(3)A person under eighteen shall not in premises from which intoxicating liquor is dealt in wholesale buy or attempt to buy such liquor.
(4)In proceedings for an offence under subsection 91) of this section—
(a)where the person charged is charged by reason of his own act, it shall be a defence for him to prove—
(i)that he excercised all due diligence to avoid the commission of an offence under that subsection; or
(ii)that he had no reason to suspect that the other person was under eighteen; and
(b)where the person charged is charged by reason of the act of some other person, it shall be a defence for him to prove that he excercised all due diligence to avoid the commission of an offence under that subsection.
(5)A person guilty of an offence under subsection (1) or (3) of this section shall be liable to a fine not exceeding level 3 on the standard scale.
(6)A person guilty of an offence under subsection (2) of this section shall be liable to a fine not exceeding level 1 on the standard scale.
(7)In this section “wholesaler” and “wholesale” have the same meaning as in section 4 of the Alcoholic Liquor Duties Act 1979.”
The following section shall be inserted after section 171 of the principal Act—
(1)In any premises which are licensed for the sale of intoxicating liquor for consumption off the premises only or any off-sales department of on-licensed premises, the holder of the licence shall not allow a person under eighteen to make any sale of such liquor unless the sale has been specifically approved by the holder of the licence or by a person of or over the age of eighteen acting on his behalf.
(2)The reference in subsection (1) of this section to an off-sales department of on-licensed premises is a reference to any part of premises for which a justices’ on-licence has been granted which is set aside for use only for the sale of intoxicating liquor for consumption off the premises.
(3)A person guilty of an offence under this section shall be liable to a fine not exceeding level 1 on the standard scale.”
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