Sale of intoxicating substances and lighter refills to persons aged under 18
Sale of intoxicating substances and lighter refills to persons aged under 18

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Sale of intoxicating substances and lighter refills to persons aged under 18
  • The offence of the sale of intoxicating substances and butane cigarette lighter refills to persons aged under 18
  • What is an intoxicating substance?
  • Defence to the Intoxicating Substances (Supply) Act 1985 offence
  • Statutory defence of due diligence for the offence under the Cigarette Lighter Refill (Safety) Regulations 1999
  • How traders can protect themselves from prosecution (due diligence)
  • Restrictions on proceedings
  • Who can be prosecuted?
  • Duty to enforce and powers of enforcement officers
  • Sentencing for offences under IS(S)A 1985 and CLR(S)R 1999
  • more

The offence of the sale of intoxicating substances and butane cigarette lighter refills to persons aged under 18

Section 1(1) of the Intoxicating Substances (Supply) Act 1985 (IS(S)A 1985) states it is an offence for a person to supply or offer to supply a substance other than a controlled drug [which has the same meaning as in the Misuse of Drugs Act 1971]:

  1. to a person under the age of eighteen whom he knows, or has reasonable cause to believe, to be under that age, or

  2. to a person:

    1. who is acting on behalf of a person under that age, and

    2. whom he knows, or has reasonable cause to believe, to be so acting

    if he knows or has reasonable cause to believe that the substance is, or its fumes are, likely to be inhaled by the person under the age of 18 for the purpose of causing intoxication.

The Cigarette Lighter Refill (Safety) Regulations 1999, SI 1999/1844 (CLR(S)R 1999) are safety regulations made under section 11 of the Consumer Protection Act 1987 (CPA 1987). CLR(S)R 1999, reg 2 states that no person shall supply any cigarette lighter refill canister containing butane or a substance with butane as a constituent part to any person under the age of 18 years.

What is an intoxicating substance?

Many products, including household items,