L2.2 Flashcards
What is the definition of a ‘Child’ according to the 2005 Act?
A person under the age of 16 (0-15)
This definition sets the legal age limit for children in the context of alcohol sales.
What is the definition of a ‘Young Person’ according to the 2005 Act?
A person aged 16 or 17
This categorization distinguishes between minors and young adults in legal contexts.
What does ‘Relevant Premises’ refer to?
Any licensed premises, any exempt premises on which alcohol is sold, and any premises used for the selling of alcohol to the trade
This term encompasses various types of establishments involved in alcohol sales.
Who is considered a ‘Responsible Person’ in relation to relevant premises?
In the case of licensed premises, the premises manager or personal licence holder; in the case of occasional licences, the holder of the licence; in other relevant premises, the person managing and controlling the premises
This definition outlines accountability for compliance with licensing laws.
What age must a person be to work on relevant premises and be considered a ‘Responsible Person’?
18 or over
This age requirement ensures that responsible individuals in licensed establishments are legally adults.
List some offenses related to the sale of alcohol outlined in the feedback.
- Selling alcohol to underage individuals
- Selling alcohol with no licence
- Selling alcohol outside licensing hours
- Adults purchasing alcohol for children/young persons
- Bar staff being under the influence
- Crimes committed on licensed premises
- Selling alcohol to a drunk person
- A drunk person refusing to leave the licensed premise
These offenses highlight various illegal activities associated with alcohol sales.
What does Section 102 of the Licensing Scotland Act 2005 state?
It creates an offence for any person to sell alcohol to a child or young person
This section emphasizes the prohibition of selling alcohol to minors.
Is a specific locus required to commit the offence of selling alcohol to a child or young person?
No locus is specified
This means the offence can be committed by anyone, regardless of their status.
What is a valid defence under Section 102 for selling alcohol to a child or young person?
Showing belief that the individual was aged 18 or over and taking reasonable steps to establish age or that no reasonable person could have suspected they were under 18
This defence provides a way to counter the offence if proper measures were taken.
What documents can show that an accused has taken all reasonable steps?
• A passport
• A European Union photo card driving licence
• Other prescribed documents (e.g., PASS under Proof of Age Standards Scheme)
These documents must convince a reasonable person.
What does Section 103 of the Act state about selling alcohol to a child or young person?
Any responsible person who allows alcohol to be sold to a child or young person commits an offence
This applies even if the responsible person was not present during the sale.
What must staff members have undergone to sell alcohol responsibly?
Minimum training and knowledge of ‘Challenge 25’ policies
This ensures that staff can properly assess age verification.
What does Section 105 of the Act make an offence?
For a child or young person to purchase or attempt to purchase alcohol
This applies regardless of whether the alcohol is for the offender or another person.
Where is it likely that the offence under Section 105 occurs?
On relevant premises such as a bar, club, off-licence, or supermarket
No specific locus is stated in the Act for this offence.
What is the exception for children or young people authorized by the Chief Constable?
They can participate in test purchasing to identify criminality
All reasonable steps must be taken to avoid risk to the welfare of the child or young person.
What does Section 104(1)(A) and Section 104(1)(B) state about alcohol availability to children and young people?
It is an offence for a person other than a child or young person to buy, attempt to buy, give, or make alcohol available to them
This is subject to specific conditions.
Under what conditions is an offence not committed under Section 104?
• Alcohol is for consumption other than in a public place
• Alcohol is for religious worship
• Alcohol is beer, wine, cider, or perry bought for a young person with a meal on relevant premises
The young person cannot purchase the alcohol themselves.
What is defined as a public place?
Any place to which the public have access for the time being or to which a child or young person unlawfully gains access.
This includes premises accessible for a fee or otherwise.
What constitutes an offence regarding alcohol consumption by a child or young person on relevant premises?
Knowingly consuming alcohol on any relevant premises.
This is in contravention of section 106(1) of the Act.
What must a responsible person prove to avoid an offence for allowing alcohol consumption by a child or young person?
They did not know the offence was being committed and exercised all due diligence to prevent it.
This is stated in section 106(2) of the Act.
Is it an offence for a young person to consume beer, wine, cider, or perry with a meal on relevant premises?
No, it is not an offence.
This exception applies when these beverages are supplied with a meal.
What does section 107(1) of the Act state regarding the sale of alcohol by a child or young person?
Any responsible person who allows alcohol to be sold, supplied or served by a child or young person on relevant premises commits an offence.
This applies even if the responsible person was not present during the sale.
What are the conditions under which no offence is committed for alcohol sales by a child or young person?
If:
* Sale for consumption off the premises
* Supply with a meal on relevant premises
* Specifically authorised by a responsible person or an authorized person aged 18 or over.
What constitutes an offence regarding the delivery of alcohol by or to a child or young person?
Allowing delivery by a child or young person, delivering alcohol to a child or young person, or allowing delivery to a child or young person.
These actions are in contravention of Section 108 of the Act.
What training should staff have regarding the sale of alcohol?
Minimum training and knowledge of the Challenge 25 policies.
This is essential for staff responsible for alcohol sales.
Fill in the blank: An offence is not committed under subsections (2) or (3) if the alcohol delivery is made or accepted by a person under 18 years of age who works in a capacity that involves _______.
alcohol deliveries.
What is the defense for a person charged under Section 108?
To show they believed the child was 18 or over and took reasonable steps to establish age or that no reasonable person could suspect the child was under 18
This applies when charged with offenses related to age verification for purchasing alcohol.
What documents can be presented to establish a child’s age under Section 108?
A passport, a European Union photo card driving licence, or a prescribed document such as a PASS
These documents must convince a reasonable person of the individual’s age.
Under what condition is an accused treated as having taken reasonable steps?
If they show a valid document that would convince a reasonable person
This is critical for defenses related to age verification in alcohol sales.
What is the specific defense for charges under Section 108(3)(b)?
Proving they took all reasonable precautions and exercised due diligence not to commit the offence
This relates specifically to allowing alcohol to be delivered to a child or young person.
What does Section 109(1) state about sending a child or young person to obtain alcohol?
It is an offence for any person to knowingly send a child or young person to obtain alcohol for consumption off the premises
This law is designed to prevent underage individuals from acquiring alcohol.
Is it an offence if a child or young person is sent to obtain alcohol from a premises where they work?
No, if they work at the relevant premises or at the delivery location in a capacity involving delivery of alcohol
This exception allows minors to work in roles related to alcohol delivery under specific circumstances.
Can police send a child or young person to obtain alcohol for testing compliance with underage sales?
Yes, if sent as a Test Purchaser to test compliance with the prohibition of underage sales
This is an important exception that allows law enforcement to enforce age restrictions.
