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Licensing Act 2003
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Licensing Act 2003, Section 146 is up to date with all changes known to be in force on or before 06 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 5A inserted by 2015 c. 20 s. 67(2) Sch. 17
- s. 2(1A) inserted by 2015 c. 20 s. 67(1)
- s. 10(4)(e) and word inserted by 2011 c. 13 s. 121(3)(b)
- s. 140(2)(e) inserted by 2015 c. 20 s. 67(4)(b)
- s. 141(2)(e) inserted by 2015 c. 20 s. 67(5)(b)
- s. 143(2)(e) inserted by 2015 c. 20 s. 67(6)(b)
- s. 144(2)(e) inserted by 2015 c. 20 s. 67(7)(b)
- s. 147A(4)(c) inserted by 2015 c. 20 s. 67(8)(b)
- s. 153(4)(d) inserted by 2015 c. 20 s. 67(9)(b)
- s. 197(3)(cza) inserted by 2015 c. 20 s. 67(12)(a)
- s. 197A 197B inserted by 2011 c. 13 s. 121(2)
146Sale of alcohol to childrenE+W
This section has no associated Explanatory Notes
(1)A person commits an offence if he sells alcohol to an individual aged under 18.
(2)A club commits an offence if alcohol is supplied by it or on its behalf—
(a)to, or to the order of, a member of the club who is aged under 18, or
(b)to the order of a member of the club, to an individual who is aged under 18.
(3)A person commits an offence if he supplies alcohol on behalf of a club—
(a)to, or to the order of, a member of the club who is aged under 18, or
(b)to the order of a member of the club, to an individual who is aged under 18.
(4)Where a person is charged with an offence under this section by reason of his own conduct it is a defence that—
(a)he believed that the individual was aged 18 or over, and
(b)either—
(i)he had taken all reasonable steps to establish the individual’s age, or
(ii)nobody could reasonably have suspected from the individual’s appearance that he was aged under 18.
(5)For the purposes of subsection (4), a person is treated as having taken all reasonable steps to establish an individual’s age if—
(a)he asked the individual for evidence of his age, and
(b)the evidence would have convinced a reasonable person.
(6)Where a person (“the accused”) is charged with an offence under this section by reason of the act or default of some other person, it is a defence that the accused exercised all due diligence to avoid committing it.
(7)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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