Part 7 E+W+N.I.Offences

Vehicles and trainsE+W

156Prohibition on sale of alcohol on moving vehiclesE+W

(1)A person commits an offence under this section if he sells by retail alcohol on or from a vehicle at a time when the vehicle is not permanently or temporarily parked.

(2)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to [F1a fine], or to both.

(3)In proceedings against a person for an offence under this section, it is a defence that—

(a)his act was due to a mistake, or to reliance on information given to him, or to an act or omission by another person, or to some other cause beyond his control, and

(b)he took all reasonable precautions and exercised all due diligence to avoid committing the offence.

157Power to prohibit sale of alcohol on trainsE+W

(1)A magistrates' court [F2acting for the local justice area] may make an order prohibiting the sale of alcohol, during such period as may be specified, on any railway vehicle—

(a)at such station or stations as may be specified, being stations in that area, or

(b)travelling between such stations as may be specified, at least one of which is in that area.

(2)A magistrates' court may make an order under this section only on the application of a senior police officer.

(3)A magistrates' court may not make such an order unless it is satisfied that the order is necessary to prevent disorder.

(4)Where an order is made under this section, the responsible senior police officer must, forthwith, serve a copy of the order on the train operator (or each train operator) affected by the order.

(5)A person commits an offence if he knowingly—

(a)sells or attempts to sell alcohol in contravention of an order under this section, or

(b)allows the sale of alcohol in contravention of such an order.

(6)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to [F3a fine], or to both.

(7)In this section—

• “railway vehicle” has the meaning given by section 83 of the Railways Act 1993;

• “responsible senior police officer”, in relation to an order under this section, means the senior police officer who applied for the order or, if the chief officer of police of the force in question has designated another senior police officer for the purpose, that other officer;

• “senior police officer” means a police officer of, or above, the rank of inspector;

• “specified” means specified in the order under this section;

• “station” has the meaning given by section 83 of the Railways Act 1993 (c. 43); and

• “train operator” means a person authorised by a licence under section 8 of that Act to operate railway assets (within the meaning of section 6 of that Act).