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Licensing Bill [HL]


Licensing Bill [HL]
Part 7 — Offences

    75

 

 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

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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),

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           (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

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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—

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                  (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

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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.

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     (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—

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           (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,

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

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

 

 

Licensing Bill [HL]
Part 7 — Offences

    76

 

                  (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

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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.

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 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

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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

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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

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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,

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           (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

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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.

 

 

Licensing Bill [HL]
Part 7 — Offences

    77

 

     (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

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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,

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           (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

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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

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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

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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   Allowing children into licensed premises

     (1)    In pursuit of the licensing objective in section 4(2)(d), children under the age of

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14 are only permitted to enter into licensed premises as defined in subsection

(2) when accompanied by an adult over the age of 18.

     (2)    For the purpose of subsection (1), these licensed premises are—

           (a)           public houses;

           (b)           nightclubs; and

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           (c)           any similar establishment whose primary purpose is the consumption

of alcohol.

 

 

Licensing Bill [HL]
Part 7 — Offences

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 144   Sale 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)           on the order of a member of the club, to an individual who is aged

5

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.

10

     (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

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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—

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           (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.

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     (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.

 145   Allowing the sale of alcohol to children

     (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.

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     (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

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

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           (b)           to the order of a member of the club, to an individual who is aged under

18.

     (4)    This subsection applies to—

           (a)           a person who works on the premises in a capacity, whether paid or

unpaid, which authorises him to prevent the supply, and

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           (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.

 

 

Licensing Bill [HL]
Part 7 — Offences

    79

 

     (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.

 146   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

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           (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.

10

     (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

           (b)           to the order of a member of the club, to an individual who is aged under

16.

15

     (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

           (b)           either—

                  (i)                 he had taken all reasonable steps to establish the individual’s

20

age, or

                  (ii)                nobody could reasonably have suspected from the individual’s

appearance that he was aged under 16.

     (4)    For the purposes of subsection (3), a person is treated as having taken all

reasonable steps to establish an individual’s age if—

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           (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

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.

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     (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 188(2).

 147   Purchase of alcohol by or on behalf of children

     (1)    An individual aged under 18 commits an offence if—

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           (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

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

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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—

 

 

Licensing Bill [HL]
Part 7 — Offences

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           (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

5

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

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                  (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—

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                  (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—

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           (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

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           (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

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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.

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 148   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

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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

 

 

Licensing Bill [HL]
Part 7 — Offences

    81

 

           (b)           where the alcohol was supplied by a club to or to the order of a member

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—

5

           (a)           the individual is aged 16 or 17,

           (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.

10

     (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

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level 5 on the standard scale.

 149   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—

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           (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

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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

30

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

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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—

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           (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

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