Search Legislation

Licensing (Scotland) Act 2005

Status:

This is the original version (as it was originally enacted).

108Delivery of alcohol by or to a child or young person

This section has no associated Explanatory Notes

(1)This section applies where alcohol is sold on any relevant premises for consumption off the premises.

(2)Any responsible person who allows the alcohol to be delivered by a child or young person commits an offence.

(3)Any responsible person who—

(a)delivers the alcohol, or

(b)allows it to be delivered,

to a child or young person commits an offence.

(4)Subsections (2) and (3) do not apply to the delivery of the alcohol by or to a child or young person who works on the relevant premises or at the place where the delivery is made in a capacity (whether paid or unpaid) which involves the delivery of alcohol.

(5)It is a defence for a person charged with an offence under subsection (2) or (3)(a) (referred to in this subsection and subsection (6) as “the accused”) to show that—

(a)the accused believed the child or young person to be aged 18 or over, and

(b)either—

(i)the accused had taken reasonable steps to establish the child’s or young person’s age, or

(ii)no reasonable person could have suspected from the child’s or young person’s appearance that the child or young person was aged under 18.

(6)For the purposes of subsection (5)(b)(i), the accused is to be treated as having taken reasonable steps to establish the child’s or young person’s age if and only if—

(a)the accused was shown any of the documents mentioned in subsection (7), and

(b)that document would have convinced a reasonable person.

(7)The documents referred to in subsection (6)(a) are any document bearing to be—

(a)a passport,

(b)a European Union photocard driving licence, or

(c)such other document, or a document of such other description, as may be prescribed.

(8)It is a defence for a person charged with an offence under subsection (3)(b) (“the accused”) to prove that the accused took all reasonable precautions and exercised due diligence not to commit the offence.

(9)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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources