|
| |
| |
137 Defence of due diligence | |
(1) In proceedings against a person for an offence to which subsection (2) applies, | |
it is a defence that— | |
(a) his act was due to a mistake, or to reliance on information given to him, | |
or to an act or omission by another person, or to some other cause | 5 |
beyond his control, and | |
(b) he took all reasonable precautions and exercised all due diligence to | |
avoid committing the offence. | |
(2) This subsection applies to an offence under— | |
(a) section 134(1)(a) (carrying on unauthorised licensable activity), | 10 |
(b) section 135 (exposing alcohol for unauthorised sale), or | |
(c) section 136 (keeping alcohol on premises for unauthorised sale). | |
Drunkenness and disorderly conduct | |
138 Allowing disorderly conduct on licensed premises etc. | |
(1) A person to whom subsection (2) applies commits an offence if he knowingly | 15 |
allows disorderly conduct on relevant premises. | |
(2) This subsection applies— | |
(a) to any person who works at the premises in a capacity, whether paid or | |
unpaid, which authorises him to prevent the conduct, | |
(b) in the case of licensed premises, to— | 20 |
(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 | 25 |
certificate who at the time the conduct 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. | 30 |
(3) 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. | |
139 Sale of alcohol to a person who is drunk | |
(1) A person to whom subsection (2) applies commits an offence if, on relevant | |
premises, he knowingly— | 35 |
(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, | 40 |
(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 | 5 |
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. | 10 |
(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. | 15 |
140 Obtaining alcohol for a person who is drunk | |
(1) A person commits an offence if, on relevant premises, he knowingly obtains or | |
attempts to obtain alcohol for consumption on those premises by a person who | |
is drunk. | |
(2) A person guilty of an offence under this section is liable on summary | 20 |
conviction to a fine not exceeding level 3 on the standard scale. | |
141 Failure to leave licensed premises etc. | |
(1) A person who is drunk or disorderly commits an offence if, without reasonable | |
excuse— | |
(a) he fails to leave relevant premises when requested to do so by a | 25 |
constable or by a person to whom subsection (2) applies, or | |
(b) he enters or attempts to enter relevant premises after a constable or a | |
person to whom subsection (2) applies has requested him not to enter. | |
(2) This subsection applies— | |
(a) to any person who works at the premises in a capacity, whether paid or | 30 |
unpaid, which authorises him to make such a request, | |
(b) in the case of licensed premises, to— | |
(i) the holder of a premises licence in respect of the premises, or | |
(ii) the designated premises supervisor (if any) under such a | |
licence, | 35 |
(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 is present on the premises in a capacity which enables | |
him to make such a request, and | |
(d) in the case of premises which may be used for a permitted temporary | 40 |
activity by virtue of Part 5, to the premises user in relation to the | |
temporary event notice in question. | |
(3) A person guilty of an offence under subsection (1) is liable on summary | |
conviction to a fine not exceeding level 1 on the standard scale. | |
| |
| |
|
| |
| |
(4) On being requested to do so by a person to whom subsection (2) applies, a | |
constable must— | |
(a) help to expel from relevant premises a person who is drunk or | |
disorderly; | |
(b) help to prevent such a person from entering relevant premises. | 5 |
Smuggled goods | |
142 Keeping of smuggled goods | |
(1) A person to whom subsection (2) applies commits an offence if he knowingly | |
keeps or allows to be kept, on any relevant premises, any goods which have | |
been imported without payment of duty or which have otherwise been | 10 |
unlawfully imported. | |
(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 prevent the keeping of the goods | |
on the premises, | 15 |
(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 | 20 |
has effect, to any member or officer of the club which holds the | |
certificate who is present on the premises at any time when the goods | |
are kept on the premises in a capacity which enables him to prevent | |
them being so kept, and | |
(d) in the case of premises which may be used for a permitted temporary | 25 |
activity by virtue of Part 5, to the premises user in relation to the | |
temporary event notice in question. | |
(3) 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. | |
(4) The court by which a person is convicted of an offence under this section may | 30 |
order the goods in question, and any container for them, to be forfeited and | |
either destroyed or dealt with in such other manner as the court may order. | |
Children and alcohol | |
143 Sale of alcohol to children | |
(1) A person commits an offence if he sells alcohol to an individual aged under 18. | 35 |
(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) on 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— | 40 |
(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 | 5 |
(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. | 10 |
(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 | 15 |
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. | |
144 Allowing the sale of alcohol to children | 20 |
(1) A person to whom subsection (2) applies commits an offence if he knowingly | |
allows the sale of alcohol on relevant premises to an individual aged under 18. | |
(2) This subsection applies to a person who works at the premises in a capacity, | |
whether paid or unpaid, which authorises him to prevent the sale. | |
(3) A person to whom subsection (4) applies commits an offence if he knowingly | 25 |
allows alcohol to be supplied on relevant premises by or 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) This subsection applies to— | 30 |
(a) a person who works on the premises in a capacity, whether paid or | |
unpaid, which authorises him to prevent the supply, and | |
(b) any member or officer of the club who at the time of the supply is | |
present on the relevant premises in a capacity which enables him to | |
prevent it. | 35 |
(5) 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. | |
145 Sale of liqueur confectionery to children under 16 | |
(1) A person commits an offence if he— | |
(a) sells liqueur confectionery to an individual aged under 16, or | 40 |
(b) he supplies such confectionery, on behalf of a club— | |
(i) to or to the order of a member of the club who is aged under 16, | |
or | |
| |
| |
|
| |
| |
(ii) to the order of a member of the club, to an individual who is | |
aged under 16. | |
(2) A club commits an offence if liqueur confectionery is supplied by it or on its | |
behalf— | |
(a) to or to the order of a member of the club who is aged under 16, or | 5 |
(b) to the order of a member of the club, to an individual who is aged under | |
16. | |
(3) 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 16 or over, and | 10 |
(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 16. | 15 |
(4) For the purposes of subsection (3), 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. | |
(5) Where a person (“the accused”) is charged with an offence under this section | 20 |
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. | |
(6) A person guilty of an offence under this section is liable on summary | |
conviction to a fine not exceeding level 2 on the standard scale. | |
(7) In this section “liqueur confectionery” has the meaning given in section 186(2). | 25 |
146 Purchase of alcohol by or on behalf of children | |
(1) An individual aged under 18 commits an offence if— | |
(a) he buys or attempts to buy alcohol, or | |
(b) where he is a member of a club— | |
(i) alcohol is supplied to him or to his order by or on behalf of the | 30 |
club, as a result of some act or default of his, or | |
(ii) he attempts to have alcohol supplied to him or to his order by | |
or on behalf of the club. | |
(2) But subsection (1) does not apply where the individual buys or attempts to buy | |
the alcohol at the request of— | 35 |
(a) a constable, or | |
(b) a weights and measures inspector, | |
who is acting in the course of his duty. | |
(3) A person commits an offence if— | |
(a) he buys or attempts to buy alcohol on behalf of an individual aged | 40 |
under 18, or | |
(b) where he is a member of a club, on behalf of an individual aged under | |
18 he— | |
(i) makes arrangements whereby alcohol is supplied to him or to | |
his order by or on behalf of the club, or | 45 |
| |
| |
|
| |
| |
(ii) attempts to make such arrangements. | |
(4) A person (“the relevant person”) commits an offence if— | |
(a) he buys or attempts to buy alcohol for consumption on relevant | |
premises by an individual aged under 18, or | |
(b) where he is a member of a club— | 5 |
(i) by some act or default of his, alcohol is supplied to him, or to his | |
order, by or on behalf of the club for consumption on relevant | |
premises by an individual aged under 18, or | |
(ii) he attempts to have alcohol so supplied for such consumption. | |
(5) But subsection (4) does not apply where— | 10 |
(a) the relevant person is aged 18 or over, | |
(b) the individual is aged 16 or 17, | |
(c) the alcohol is beer, wine or cider, | |
(d) its purchase or supply is for consumption at a table meal on relevant | |
premises, and | 15 |
(e) the individual is accompanied at the meal by an individual aged 18 or | |
over. | |
(6) Where a person is charged with an offence under subsection (3) or (4) it is a | |
defence that he had no reason to suspect that the individual was aged under 18. | |
(7) A person guilty of an offence under this section is liable on summary | 20 |
conviction— | |
(a) in the case of an offence under subsection (1), to a fine not exceeding | |
level 3 on the standard scale, and | |
(b) in the case of an offence under subsection (3) or (4), to a fine not | |
exceeding level 5 on the standard scale. | 25 |
147 Consumption of alcohol by children | |
(1) An individual aged under 18 commits an offence if he knowingly consumes | |
alcohol on relevant premises. | |
(2) A person to whom subsection (3) applies commits an offence if he knowingly | |
allows the consumption of alcohol on relevant premises by an individual aged | 30 |
under 18. | |
(3) This subsection applies— | |
(a) to a person who works at the premises in a capacity, whether paid or | |
unpaid, which authorises him to prevent the consumption, and | |
(b) where the alcohol was supplied by a club to or to the order of a member | 35 |
of the club, to any member or officer of the club who is present at the | |
premises at the time of the consumption in a capacity which enables | |
him to prevent it. | |
(4) Subsections (1) and (2) do not apply where— | |
(a) the individual is aged 16 or 17, | 40 |
(b) the alcohol is beer, wine or cider, | |
(c) its consumption is at a table meal on relevant premises, and | |
(d) the individual is accompanied at the meal by an individual aged 18 or | |
over. | |
| |
| |
|
| |
| |
(5) A person guilty of an offence under this section is liable on summary | |
conviction— | |
(a) in the case of an offence under subsection (1), to a fine not exceeding | |
level 3 on the standard scale, and | |
(b) in the case of an offence under subsection (2), to a fine not exceeding | 5 |
level 5 on the standard scale. | |
148 Delivering alcohol to children | |
(1) A person who works on relevant premises in any capacity, whether paid or | |
unpaid, commits an offence if he knowingly delivers to an individual aged | |
under 18— | 10 |
(a) alcohol sold on the premises, or | |
(b) alcohol supplied on the premises by or on behalf of a club to or to the | |
order of a member of the club. | |
(2) A person to whom subsection (3) applies commits an offence if he knowingly | |
allows anybody else to deliver to an individual aged under 18 alcohol sold on | 15 |
relevant premises. | |
(3) This subsection applies to a person who works on the premises in a capacity, | |
whether paid or unpaid, which authorises him to prevent the delivery of the | |
alcohol. | |
(4) A person to whom subsection (5) applies commits an offence if he knowingly | 20 |
allows anybody else to deliver to an individual aged under 18 alcohol supplied | |
on relevant premises by or on behalf of a club to or to the order of a member of | |
the club. | |
(5) This subsection applies— | |
(a) to a person who works on the premises in a capacity, whether paid or | 25 |
unpaid, which authorises him to prevent the sale, and | |
(b) to any member or officer of the club who at the time of the supply in | |
question is present on the premises in a capacity which enables him to | |
prevent the supply. | |
(6) Subsections (1), (2) and (4) do not apply where— | 30 |
(a) the alcohol is delivered at a place where the buyer or, as the case may | |
be, person supplied lives or works, or | |
(b) the individual aged under 18 works on the relevant premises in a | |
capacity, whether paid or unpaid, which involves the delivery of | |
alcohol, or | 35 |
(c) the alcohol is sold or supplied for consumption on the relevant | |
premises. | |
(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. | |
149 Sending a child to obtain alcohol | 40 |
(1) A person commits an offence if he knowingly sends an individual aged under | |
18 to obtain— | |
(a) alcohol sold or to be sold on relevant premises for consumption off the | |
premises, or | |
| |
| |
|
