By the end of this topic you should have be able to:
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The licensing act 2003 created a single scheme for licensed premises covering:
The objectives of the Law are:
Changes to the licensing act 2003
The new licensing Act 2003 has introduced major changes to the licensing laws in England and Wales.
Rights and Duties, under the new Licensing Act 2003:
Offences committed by Staff:
Remember Police and ‘Authorised Persons’ can use reasonable force to enter premises and police may arrest those who obstruct them.
An offence committed by the public:
Section 143 of the Act creates offences committed by a member of the public who is drunk or disorderly. These are:
Ejecting customers:
R Request him/her to leave
E Explain the reasons for the request
A Appeal for him to leave
C Confirm that he refuses
T Take action
Young Person Identification
Acceptable forms of proof of age in UK:
NB: PASS is The National Proof of Age Standards Scheme and is supported by Trading Standards, the Home Office and ACPO.
SALES to person under 18:
Section 146 makes it an offence to sell alcohol to children under 18 anywhere
Section 147 provides that it is an offence knowingly to allow the sale (or in, the case of clubs, the supply) of alcohol to a child under 18 on the relevant premises
Seller must show:
That they exercised all due diligence and actually checked evidence of age
That they had no reason to suspect that the person was under 18
Employment of person under 18
Prohibition of unsupervised sales by children:
Section 153 makes it 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.
Sub Section 2 Excludes from that definition any part of the premises set apart for the service of table meals and the alcohol is served with a meal
Consumption of Alcohol by Children:
Section 150 makes it an offence for a child (a person under 18) knowingly to consume alcohol on relevant premises.
It also makes it an offence knowingly to allow the consumption of alcohol by a child on relevant premises.
Four exceptions:
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