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Licensing Act 2003

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This is the original version (as it was originally enacted).

141Sale of alcohol to a person who is drunk

This section has no associated Explanatory Notes

(1)A person to whom subsection (2) applies commits an offence if, on relevant premises, he knowingly—

(a)sells or attempts to sell alcohol to a person who is drunk, or

(b)allows alcohol to be sold to such a person.

(2)This subsection applies—

(a)to any person who works at the premises in a capacity, whether paid or unpaid, which gives him authority to sell the alcohol concerned,

(b)in the case of licensed premises, to—

(i)the holder of a premises licence in respect of the premises, and

(ii)the designated premises supervisor (if any) under such a licence,

(c)in the case of premises in respect of which a club premises certificate has effect, to any member or officer of the club which holds the certificate who at the time the sale (or attempted sale) takes place is present on the premises in a capacity which enables him to prevent it, and

(d)in the case of premises which may be used for a permitted temporary activity by virtue of Part 5, to the premises user in relation to the temporary event notice in question.

(3)This section applies in relation to the supply of alcohol by or on behalf of a club to or to the order of a member of the club as it applies in relation to the sale of alcohol.

(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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