Sale of Alcohol to a Child or Young Person

Section 102 of the Licensing Scotland Act 2005 creates an offence for any person to sell alcohol to a child or young person.

However, it is a defence for a person to show that they believed the child or young person to be aged 18 or over and that they had either taken all reasonable steps to establish the child or young person’s age, or no reasonable person could have suspected from the child or young person’s appearance that they were aged under 18.

Allowing the Sale of Alcohol to a Child or Young Person

Section 103 of the Act provides that any responsible person who allows alcohol to be sold to a child or young person on any relevant premises commits an offence unless that person can prove they did not know the offence was being committed and exercised all due diligence to prevent the offence being committed.

Purchase of Alcohol by or for a Child or Young Person

Section 105 of the Act makes it an offence for a person under the age of 18 to purchase or attempt to purchase alcohol in any licensed premises (eg bar, club, off licence, supermarket), unless that child or young person is authorised to do so, by the Chief Constable, for the purposes of test purchasing.  A child or young person may only be authorised to do so if the Chief Constable is satisfied that all reasonable steps have been taken to avoid risk to the welfare of the child or young person.

A person, other than a child or young person who, knowingly buys or attempts to buy alcohol on behalf of a child or young person, or who knowingly buys or attempts to buy alcohol on behalf of a child or young person for consumption by the child or young person on ‘relevant premises’ also commits an offence under section 105(4) of the Act.

An offence is not committed by a person other than a child or young person where the alcohol purchased is beer, wine, cider or perry and the alcohol is bought for consumption by a young person with a meal supplied on relevant premises.  This means that the young person could not purchase the alcohol, but could have it bought for them.

Consumption of Alcohol by a Child or Young Person on Relevant Premises

A child or young person who knowingly consumes alcohol on any relevant premises commits an offence in contravention of section 106(1) of the Act.

Any responsible person who allows a child or young person to consume alcohol on any relevant premises commits an offence in contravention of Section 106(2) of the Act unless that person can prove they did not know the offence was being committed and exercised all due diligence to prevent the offence being committed.

It is not an offence for a young person to consume beer, wine, cider or perry along with a meal supplied on relevant premises.

Unsupervised Sale or Supply of Alcohol by a Child or Young Person

Section 107(1) of the Act states that any responsible person who allows alcohol to be sold, supplied or served by a child or young person, on any relevant premises, commits an offence unless that person can prove they did not know the offence was being committed and exercised all due diligence to prevent the offence being committed.

No offence is committed if any sale, or any supply or service by the child or young person, is for consumption on the premises with the meal supplied and the sale, supply or service, is specifically authorised by a responsible person, or any other person of 18 or over, who is authorised so to act by a responsible person.

Drunkenness and Other Offences

Drunk and incapable - Any person who is drunk and incapable of taking care of themselves and not in the care or protection of a suitable person. (Section 50) 

It is an offence:-

For and person to attempt to enter licensed premises while drunk or to be found drunk on the premises and incapable of looking after themselves (Sect 111). 

To attempt to purchase alcohol for a drunken person or aid that person to buy alcohol (Sect 112)

To sell alcohol to a drunken person (Sect 113)

For any person responsible for a licensed premise to be drunk within the premises (Sect 114)

For any person who, while drunk within licensed premises, causes alarm and annoyance to others. (Sect 115)

For any person responsible for a licensed premises to allow drunkenness or disturbances within their premises (Sect 115)

For any person on licensed premises who causes a disturbance and fails to desist when requested to do so by an authorised person or police officer

Practical Considerations

One of the reasons that legislation grants power to arrest persons committing drunkenness offences is that it is often in the interests of safety, the person, or others, that they be placed in custody.  Being drunk and incapable is a minor offence but the consequences of the drunk person choking on their own vomit or wandering out in front of a moving vehicle are potentially lethal.

Health & Safety

Do not assume that a person acting in a drunken manner is in fact drunk.  They may well be suffering from a stroke, insulin imbalance or another medical ailment.  Where there is any doubt always seek medical assistance or advice.

Confiscation of Alcohol from Persons Under 18

Section 61 of the Crime and Punishment (Scotland) Act 1997 provides police with the power to confiscate alcohol from underage drinkers in public places.

These powers extend to people over 18 where it is suspected the alcohol has been or is intended for consumption by people under 18 years.

Where a constable has reasonable grounds to suspect such person he may require that person to surrender that liquor to him, and may dispose of it in such a manner as he considers appropriate.  He may also require that person to provide his name and address.