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Questions and Answers
What is considered an offence under Section 102 of the Licensing Scotland Act 2005?
What is considered an offence under Section 102 of the Licensing Scotland Act 2005?
- Selling alcohol with a valid licence
- Serving alcohol during licensed hours
- Selling alcohol to a child or young person (correct)
- Selling alcohol to an adult with proper identification
Which of the following is NOT a defence against selling alcohol to a child or young person?
Which of the following is NOT a defence against selling alcohol to a child or young person?
- Believing the individual to be over 18
- Having a witness confirm the person's age (correct)
- Taking reasonable steps to verify age
- Showing a government-issued identification
What document is NOT specified as acceptable for verifying a child's or young person's age?
What document is NOT specified as acceptable for verifying a child's or young person's age?
- Passport
- European Union photo card driving licence
- National identity card
- Employee ID card (correct)
Which scenario could lead to an offence involving alcohol sales?
Which scenario could lead to an offence involving alcohol sales?
What constitutes 'reasonable steps' in verifying an individual’s age?
What constitutes 'reasonable steps' in verifying an individual’s age?
Which of the following is listed as a potential crime on licensed premises?
Which of the following is listed as a potential crime on licensed premises?
What is not a requirement for being charged with the offence of selling alcohol to a minor?
What is not a requirement for being charged with the offence of selling alcohol to a minor?
Which of the following actions is illegal regarding the sale of alcohol?
Which of the following actions is illegal regarding the sale of alcohol?
What must a responsible person prove to avoid committing an offence under section 106(2) of the Act?
What must a responsible person prove to avoid committing an offence under section 106(2) of the Act?
Which types of beverages can a young person consume legally while having a meal on relevant premises?
Which types of beverages can a young person consume legally while having a meal on relevant premises?
What is the consequence for a responsible person who allows alcohol to be sold by a child or young person on relevant premises?
What is the consequence for a responsible person who allows alcohol to be sold by a child or young person on relevant premises?
What must a responsible person do if they are not present during the sale of alcohol to delegate their responsibility?
What must a responsible person do if they are not present during the sale of alcohol to delegate their responsibility?
Which statement about section 107(1) of the Act is true regarding the sale of alcohol?
Which statement about section 107(1) of the Act is true regarding the sale of alcohol?
What must be included in the training of staff involved in the sale of alcohol?
What must be included in the training of staff involved in the sale of alcohol?
Under what condition is no offence committed regarding the sale by a child or young person?
Under what condition is no offence committed regarding the sale by a child or young person?
What must a responsible person ensure regarding their staff before a sale of alcohol occurs?
What must a responsible person ensure regarding their staff before a sale of alcohol occurs?
Which action constitutes an offence when it comes to the delivery of alcohol?
Which action constitutes an offence when it comes to the delivery of alcohol?
What is required for a sale or service of alcohol to be legal when provided by a young person?
What is required for a sale or service of alcohol to be legal when provided by a young person?
Which section outlines offences related to the delivery of alcohol to a child?
Which section outlines offences related to the delivery of alcohol to a child?
In which scenario is a responsible person NOT liable for an offence?
In which scenario is a responsible person NOT liable for an offence?
Which of the following does NOT constitute a condition under which no offence is committed?
Which of the following does NOT constitute a condition under which no offence is committed?
What is the consequence of a responsible person allowing alcohol delivery by a young person?
What is the consequence of a responsible person allowing alcohol delivery by a young person?
What is a condition under which an offence is not committed regarding alcohol delivery?
What is a condition under which an offence is not committed regarding alcohol delivery?
Which document is NOT considered reasonable evidence to establish a person's age under Section 108?
Which document is NOT considered reasonable evidence to establish a person's age under Section 108?
What constitutes a reasonable belief in a child's age under Section 108?
What constitutes a reasonable belief in a child's age under Section 108?
Sending a child or young person to obtain alcohol is classified as what type of offence?
Sending a child or young person to obtain alcohol is classified as what type of offence?
Which of the following statements about exercising due diligence in alcohol delivery is correct?
Which of the following statements about exercising due diligence in alcohol delivery is correct?
Which of these options does NOT serve as a defence against a charge under Section 108(3)(b)?
Which of these options does NOT serve as a defence against a charge under Section 108(3)(b)?
An individual can be considered to have taken reasonable steps to check a minor's age if they view which document?
An individual can be considered to have taken reasonable steps to check a minor's age if they view which document?
What is the significance of the term 'reasonable person' in the context of age verification?
What is the significance of the term 'reasonable person' in the context of age verification?
What age defines a 'Child' under the 2005 Act?
What age defines a 'Child' under the 2005 Act?
Who is considered a 'Responsible Person' when it comes to licensed premises?
Who is considered a 'Responsible Person' when it comes to licensed premises?
What is the age range that defines a 'Young Person'?
What is the age range that defines a 'Young Person'?
In the case of premises with an occasional license, who is the 'Responsible Person'?
In the case of premises with an occasional license, who is the 'Responsible Person'?
Which of the following accurately defines 'Relevant Premises'?
Which of the following accurately defines 'Relevant Premises'?
What constitutes an offence under the licensing part regarding alcohol sales?
What constitutes an offence under the licensing part regarding alcohol sales?
Which group of people is eligible to work in a capacity that authorizes alcohol sales?
Which group of people is eligible to work in a capacity that authorizes alcohol sales?
In the context of alcohol licensing, when is a person allowed to prevent something from happening?
In the context of alcohol licensing, when is a person allowed to prevent something from happening?
Flashcards
Child
Child
A person under 15 years of age.
Young Person
Young Person
A person aged 16 to 17 years.
Relevant Premises
Relevant Premises
Any place licensed to sell alcohol, places selling alcohol without a license, and those selling to trade.
Responsible Person (Licensed Premises)
Responsible Person (Licensed Premises)
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Responsible Person (Occasional License)
Responsible Person (Occasional License)
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Responsible Person (Other Relevant Premises)
Responsible Person (Other Relevant Premises)
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Selling Alcohol to Minors
Selling Alcohol to Minors
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Anyone Can Commit Offences
Anyone Can Commit Offences
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Unlawful Activity: Selling Alcohol Without a License
Unlawful Activity: Selling Alcohol Without a License
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Unlawful Activity: Selling Alcohol Outside of Permitted Hours
Unlawful Activity: Selling Alcohol Outside of Permitted Hours
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Unlawful Activity: Adults Purchasing Alcohol for Minors
Unlawful Activity: Adults Purchasing Alcohol for Minors
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Unlawful Activity: Allowing Intoxicated Individuals on Premises
Unlawful Activity: Allowing Intoxicated Individuals on Premises
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Defence: Believed Age and Took Reasonable Steps
Defence: Believed Age and Took Reasonable Steps
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Defence: No Reason to Suspect Age
Defence: No Reason to Suspect Age
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Acceptable Forms of Identification
Acceptable Forms of Identification
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Offence: Responsible Person Allowing Consumption of Alcohol
Offence: Responsible Person Allowing Consumption of Alcohol
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Exception: Alcohol Consumption with a Meal
Exception: Alcohol Consumption with a Meal
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Offence: Unsupervised Sale of Alcohol
Offence: Unsupervised Sale of Alcohol
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Delegation of Responsibility and Training
Delegation of Responsibility and Training
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Exception: Off-premises Consumption
Exception: Off-premises Consumption
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Illegal: Sending a Minor to Buy Alcohol
Illegal: Sending a Minor to Buy Alcohol
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Responsible Person's Duty in Alcohol Delivery
Responsible Person's Duty in Alcohol Delivery
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Reasonable Steps for Delivery
Reasonable Steps for Delivery
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Exception: Delivery to Designated Persons
Exception: Delivery to Designated Persons
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Prevention of Alcohol Delivery to Minors
Prevention of Alcohol Delivery to Minors
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Study Notes
Definitions under the 2005 Act
- "Child" refers to individuals aged 0-15 years.
- "Young Person" refers to individuals aged 16-17 years.
- "Relevant Premises" includes all licensed venues, exempt premises selling alcohol, and locations selling alcohol to trade.
- "Responsible Person" varies by license type:
- For licensed premises, it’s the manager or personal license holder.
- For occasional licenses, it’s the license holder.
- For other relevant premises, it’s the individual managing those premises.
Key Offences and Responsibilities
- Selling alcohol to a child or young person is strictly prohibited.
- Offences can be committed by anyone without needing a specific status.
- Key unlawful activities include:
- Selling alcohol without a license.
- Selling alcohol outside of permitted hours.
- Adults purchasing alcohol for minors.
- Allowing intoxicated individuals to remain on licensed premises.
Defence Against Selling to Minors
- A person charged can defend themselves by proving:
- They believed the individual was 18 or over and took reasonable steps to confirm age.
- No reasonable person could suspect the individual was under 18 based on their appearance.
- Acceptable forms of identification include:
- Passport.
- EU photo card driving license.
- Other prescribed documents.
Offences Committed by Responsible Persons
- A responsible person allowing a child or young person to consume alcohol commits an offence unless proven they were unaware and exercised due diligence.
- Consumption of beer, wine, cider, or perry with a meal by minors is permitted on relevant premises.
Unsupervised Sale of Alcohol
- It is an offence for children or young persons to sell or serve alcohol unless specifically permitted by a responsible person.
- Delegation of responsibility must occur; staff must be trained and aware of Challenge 25 policies.
- No offence occurs if:
- Alcohol sold by a child or young person is for off-premises consumption.
- Alcohol served on premises is with a meal, or service is authorized.
Delivery Related Offences
- Responsible persons are prohibited from allowing or delivering alcohol to children or young persons, with specific provisions under Section 108.
- Exceptions are made if alcohol is delivered or accepted by a minor working in an alcohol-related capacity.
Defence for Delivery Offences
- A person can defend against charges under delivery laws by proving:
- They believed the individual was of legal age and took reasonable steps to verify age.
- To demonstrate reasonable steps, valid identification is mandated, similar to other sales.
Sending Minors to Obtain Alcohol
- It is illegal to knowingly send a child or young person to acquire alcohol sold for off-premises consumption.
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Description
Test your knowledge on the Licensing Scotland Act 2005 with this quiz. Explore various aspects of selling alcohol, including offenses, defenses against sales to minors, and acceptable age verification documents. Understand what constitutes reasonable steps in verifying age and potential crimes on licensed premises.
