Licensing Act 2003 Explanatory Notes

Section 153 – Prohibition of unsupervised sales by children

242.This section re-enacts provisions in the Licensing Act 1964 so that it is an offence knowingly to allow an individual under the age of 18 to sell or, in the case of a club, to supply alcohol unless each such sale or supply has been specifically approved. Subsection (4) sets out the categories of person who may commit this offence. These are

  • a premises licence holder, designated premises supervisor or someone over 18 authorised by them, or

  • in the case of a club, any member of officer of the club who is present on the premises in a capacity that enables him to prevent the supply, or

  • in a case where the premises are used for a temporary permitted activity, the premises user or a person over 18 authorised by him.

Subsection (2) provides that the offence in this section is not committed where the alcohol is sold for consumption with a table meal in a part of the premises used only for this purpose. The effect of this exception is that, for example, a minor will be able to serve alcohol in a restaurant.

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