Licensing Act 2003

Question 1

Sale of Alcohol to Children

Sect 146 The Licensing Act 2003

(1) A person commits an offence if he sells alcohol to an individual ages 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 under 18, or (b) to the order of a member of the club to an individual who is aged 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

Answer 1

It is a defence to charge under this section if the defendant believed the individual was over 18 and he had either taken all reasonable steps to establish the age or no one reasonable suspected from his appearance he was under 18.

Question 2

Sect 1 of The Licensing Act 2003

Definition
The sale of alcohol by retail, the supply of alcohol by on behalf of a club to, or to the order of, a member of the club. The provision of late night entertainment

Answer 2

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Question 3

Unauthorised Licensable Activities

Sect 136 The Licensing Act 2003

A person commits an offence if, (a) he carries on or attempts to carry on a licensable activity on or from any premises otherwise than under and in accordance with an authorisation, or (b) He knowingly allows a licensable activity to be so carried on

Answer 3

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Question 4

Allowing Disorderly Conduct on Licensed Premises

Sect 140 The Licensing Act 2003

A person to whom subsection (2) applies commits an offences if he knowingly allows disorderly conduct on relevant premises

Subsect 2 applies to any person who works at the premises, The holder of the premises license or supervisor

Answer 4

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Question 5

Sale of Alcohol to Person Who is Drunk

Sect 141 The Licensing Act 2003

A person to whom subsection (2) applies commits an offences if, on relevant premises he knowingly, (a) sells or attempts to sell alcohol to a person who is drunk, or, (b) allows alcohol to be sold to such a person

Answer 5

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Question 6

Failure to Leave Licensed Premises

Sect 143 The Licensing Act 2003

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 constable or by a person whom subsection (2) applies, or (b) he enters or attempts to enter relevant premises after a constable or a person to who, subsection (2) applies has requested him not to enter

Answer 6

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