Part 7Offences
Children and alcohol
146Sale of alcohol to children
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.