Office of Public Sector Information
PART 7 continued
(1) A responsible person commits an offence if on any relevant premises he knowingly allows an individual aged under 18 to make on the premises—
(a) any sale of alcohol, or
(b) any supply of alcohol by or on behalf of a club to or to the order of a member of the club,
unless the sale or supply has been specifically approved by that or another responsible person.
(2) But subsection (1) does not apply where—
(a) the alcohol is sold or supplied for consumption with a table meal,
(b) it is sold or supplied in premises which are being used for the service of table meals (or in a part of any premises which is being so used), and
(c) the premises are (or the part is) not used for the sale or supply of alcohol otherwise than to persons having table meals there and for consumption by such a person as an ancillary to his meal.
(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(4) In this section “responsible person” means—
(a) in relation to licensed premises—
(i) the holder of a premises licence in respect of the premises,
(ii) the designated premises supervisor (if any) under such a licence, or
(iii) any individual aged 18 or over who is authorised for the purposes of this section by such a holder or supervisor,
(b) in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables him to prevent the supply in question, and
(c) in relation to premises which may be used for a permitted temporary activity by virtue of Part 5—
(i) the premises user, or
(ii) any individual aged 18 or over who is authorised for the purposes of this section by the premises user.
(1) It is the duty of every local weights and measures authority in England and Wales to enforce within its area the provisions of sections 146 and 147, so far as they apply to sales of alcohol made on or from premises to which the public have access.
(2) A weights and measures inspector may make, or authorise any person to make on his behalf, such purchases of goods as appear expedient for the purpose of determining whether those provisions are being complied with.
(1) In section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (c. 33) (right to require surrender of alcohol)—
(a) in subsection (1), omit “(other than a sealed container)”,
(b) after that subsection insert—
“(1A) But a constable may not under subsection (1) require a person to surrender any sealed container unless the constable reasonably believes that the person is, or has been, consuming, or intends to consume, alcohol in any relevant place., and”
(c) in subsection (6), after “subsection (1)” insert “and (1A)”.
(2) In section 12(2)(b) of the Criminal Justice and Police Act 2001 (c. 16) (right to require surrender of alcohol), omit “(other than a sealed container)”.
(1) A person commits an offence under this section if he sells by retail alcohol on or from a vehicle at a time when the vehicle is not permanently or temporarily parked.
(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000, or to both.
(3) In proceedings against a person for an offence under this section, 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 beyond his control, and
(b) he took all reasonable precautions and exercised all due diligence to avoid committing the offence.
(1) A magistrates' court acting for a petty sessions area may make an order prohibiting the sale of alcohol, during such period as may be specified, on any railway vehicle—
(a) at such station or stations as may be specified, being stations in that area, or
(b) travelling between such stations as may be specified, at least one of which is in that area.
(2) A magistrates' court may make an order under this section only on the application of a senior police officer.
(3) A magistrates' court may not make such an order unless it is satisfied that the order is necessary to prevent disorder.
(4) Where an order is made under this section, the responsible senior police officer must, forthwith, serve a copy of the order on the train operator (or each train operator) affected by the order.
(5) A person commits an offence if he knowingly—
(a) sells or attempts to sell alcohol in contravention of an order under this section, or
(b) allows the sale of alcohol in contravention of such an order.
(6) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000, or to both.
(7) In this section—
“railway vehicle” has the meaning given by section 83 of the Railways Act 1993;
“responsible senior police officer”, in relation to an order under this section, means the senior police officer who applied for the order or, if the chief officer of police of the force in question has designated another senior police officer for the purpose, that other officer;
“senior police officer” means a police officer of, or above, the rank of inspector;
“specified” means specified in the order under this section;
“station” has the meaning given by section 83 of the Railways Act 1993 (c. 43); and
“train operator” means a person authorised by a licence under section 8 of that Act to operate railway assets (within the meaning of section 6 of that Act).
(1) A person commits an offence if he knowingly or recklessly makes a false statement in or in connection with—
(a) an application for the grant, variation, transfer or review of a premises licence or club premises certificate,
(b) an application for a provisional statement,
(c) a temporary event notice, an interim authority notice or any other notice under this Act,
(d) an application for the grant or renewal of a personal licence, or
(e) a notice within section 178(1) (notice by freeholder etc. conferring right to be notified of changes to licensing register).
(2) For the purposes of subsection (1) a person is to be treated as making a false statement if he produces, furnishes, signs or otherwise makes use of a document that contains a false statement.
(3) 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.
In this Part—
“authorisation” has the meaning given in section 136(5);
“relevant premises” means—
licensed premises, or
premises in respect of which there is in force a club premises certificate, or
(c) premises which may be used for a permitted temporary activity by virtue of Part 5;
“table meal” means a meal eaten by a person seated at a table, or at a counter or other structure which serves the purpose of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure serving the purpose of a table; and
“weights and measures inspector” means an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985 (c. 72).
Licensing Act 2003