The following Corporate Crime practice note produced in partnership with Jonathan Smith of Poppleston Allen provides comprehensive and up to date legal information covering:
The Licensing Act 2003 (LA 2003) creates a wide range of offences involving children and alcohol. The most common offences are:
sale or supply of alcohol to children
allowing the sale or supply of alcohol to children
persistently selling alcohol to children
purchase of alcohol by or on behalf of children
Note however that purchase of alcohol by or on behalf of children under LA 2003, s 149 is rarely prosecuted.
All of the offences in the LA 2003 are offences which can only be tried in the magistrates' court.
The time limit for commencing proceedings for offences under the LA 2003 is 12 months. Failure to observe the statutory time limits will mean that the prosecution will be time barred from bringing proceedings.
See Practice Note: Commencing criminal proceedings—applying for the issue of a summons.
The prosecution must prove:
to an individual aged under 18
a person on behalf of a club
Under the LA 2003 a club is held to have supplied alcohol to an individual under the age of 18 whether the person making the supply is a member of the club
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