Licensing - Children and Young People PDF

OFFICIAL Unit 7 Lesson 2.2...

OFFICIAL Unit 7 Lesson 2.2 Licensing – Children and Young People Learning Aim: The learner will be able to explain the key legislation and operational procedures in relation to liquor licencing Introduction Learning Outcomes: During this lesson we will introduce you to the On successful completion of the lesson, key aspects of Licensing in relation to students will be able to:- children and young people. 1. Explain the following terms with The protection of children and young persons reference to licensing legislation: from harm is a key objective of the Licensing (Scotland) Act 2005. Children and young Child persons need protection from environments Young Person which are wholly unsuitable and they need to Relevant Premises be prevented from being placed in a position where it is easy for them to circumvent the Responsible Person law and obtain alcohol. The interests of communities would not be served by allowing 2. State the key offences and statutory any relaxation of controls which would defence relating to children/ young undermine government efforts to combat person in relation to licencing legislation. under-age drinking. The intention of the Licensing (Scotland) Act 2005 is to encourage licensed premises to become more child/ young person friendly and to encourage an environment where families can socialise safely together. The Act sets out a range of provisions relating to the protection of children and young persons including the widening of previous offences. 1 th v.3 Amended 6 March 2024 OFFICIAL  OFFICIAL Unit 7 Lesson 2.2 Licensing – Children and Young People Activity 1 A1 There are numerous offences that can be committed with regard to alcohol and licensed premises. Take a few minutes and write down any that you can think of. Explanation of Terms For the purposes of the 2005 Act:- A “Child” means a person under the age of 16 (0-15) A “Young Person” means a person aged 16 or 17 “Relevant Premises” means any licensed premises, any exempt premises on which alcohol is sold and any premises used for the selling of alcohol to the trade “Responsible Person” means in relation to relevant premises; In the case of licensed premises in respect of which a premises licence has effect, the premises manager or other personal licence holder responsible In the case of premises in respect of which an occasional licence has effect, the holder of the licence In the case of other relevant premises, the person having the management and control of the premises 2 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.2 Licensing – Children and Young People In any of those cases, any person aged 18 or over who works on the premises in a capacity (whether paid or unpaid) which (i) authorises the sale of alcohol or, (ii) in relation to any offence under this Part of allowing something to be done, authorises the person to prevent that thing being done. Feedback 1 F1 Selling Alcohol to under age individuals Selling alcohol with no licence Selling alcohol outwith licensing hours Adults purchasing alcohol for children/young persons Bar staff being under the influence Crimes committed on licenced premises such as sexual assault and drunk and disorderly behaviour Selling alcohol to a drunk person A drunk person refusing to leave the licences premise This list is not exhaustive. 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. No locus is specified in this offence nor is any particular status required before you can commit this offence, i.e. it can be committed by anyone. Section 102 Defence It is a defence for a person charged 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’s or young person’s appearance that they were aged under 18. 3 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.2 Licensing – Children and Young People An accused will only be treated as having taken all reasonable steps if and only if, they were shown:- a passport a European Union photo card driving licence Such other document, or a document of such other description, as may be prescribed, i.e. a PASS (issued under the Proof of Age Standards Scheme), and that document would have convinced a reasonable person. 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. If the responsible person was not present during the sale of alcohol they still need to delegate their responsibility onto their staff member, staff should have undergone the minimum training and have a knowledge of the ‘Challenge 25’ policies. Purchase of Alcohol by or for a Child or Young Person Section 105 of the Act makes it an offence for a child or young person to purchase or attempt to purchase alcohol. Whilst such an offence is likely to occur on relevant premises, e.g. a bar, club, off- licence or supermarket, no specific locus is stated in the Act. It is irrelevant whether the alcohol is for the offender or another person. The provisions of this section do not apply to a child or young person who have been authorised by the Chief Constable to take part in test purchasing, where they are authorised to purchase stated items to identify criminality and all reasonable steps have been taken to avoid risk to the welfare of the child or young person. 4 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.2 Licensing – Children and Young People Section 104(1)(A) and Section 104(1)(B) A person, other than a child or young person who knowingly buys, attempts to buy, gives, or otherwise makes alcohol available to a child or young person, commits an offence under Section 104(1)(A) (Child) and 104(1)(B) (Young Person) of the Act, subject to the following conditions:- An offence is not committed where the alcohol purchased, given or made available is for consumption other than in a public place An offence is not committed where the alcohol purchased, given or made available is for the purpose of religious worship An offence is not committed where the alcohol purchased, given or made available 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 him or her Public Place Public place includes relevant premises, any place to which the public have access for the time being (whether on payment of a fee or otherwise) and in any place to which the public do not have access but to which the child or young person unlawfully gains access. 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 (see above). 5 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.2 Licensing – Children and Young People 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. If the responsible person was not present during the sale of alcohol they still need to delegate their responsibility onto a staff member, staff should have undergone the minimum training and have a knowledge of the Challenge 25 policies. No offence is committed if:- any sale by a child or young person for consumption off the premises any supply or service by the child or young person, is for consumption on the premises with the meal supplied The sale, supply or service, is specifically authorised by a responsible person, or any other person aged 18 years or over, who is authorised to do so by a responsible person. Delivery of Alcohol by or to a Child or Young Person Where alcohol is sold on relevant premises for consumption off the premises, an offence is committed by any responsible person who:- allows alcohol to be delivered by a child or young person, contrary to Section 108(2) delivers alcohol to a child or young person, contrary to Section 108(3) (a) who allows alcohol to be delivered to a child or young person, contrary to Section 108(3) (b) If the responsible person was not present during the sale of alcohol they still need to delegate their responsibility onto their staff member, staff should have undergone the minimum training and have a knowledge of the Challenge 25 policies. An offence is not committed under subsections (2) or (3) where the alcohol delivery is made or accepted by a person under 18 years of age who works, whether paid or unpaid, in a capacity that involves alcohol deliveries. 6 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.2 Licensing – Children and Young People Section 108 Defence It is a defence for a person charged to show that they believed the child or young person was 18 years or over and that they had either taken reasonable steps to establish the child or young person’s age or that no reasonable persons could have suspected the child or young person was under 18. An accused will only be treated as having taken reasonable steps if and only if, they were shown:- a passport, or a European Union photo card driving licence, or a document of such other description, as may be prescribed, e.g. a PASS and that document would have convinced a reasonable person. Except, in respect of a charge under 108(3)(b), allowing alcohol to be delivered to a child or young person – where it is a defence for a person charged to prove that they took all reasonable precautions and exercised due diligence not to commit the offence. Sending a Child or Young Person to Obtain Alcohol Section 109(1) of the Act states that it is an offence for any person to knowingly send a child or young person to obtain alcohol sold or to be sold for consumption off the premises. It is irrelevant whether the child is sent to obtain the alcohol from the premises or from some other place to where the alcohol is delivered. No offence is committed if the child or young person works on the relevant premises or at the place where the alcohol is to be delivered in a capacity which involves the delivery of alcohol, whether paid or unpaid. No offence is committed if the child or young person is sent by the police to obtain alcohol as a Test Purchaser to test compliance with the prohibition of underage sales. 7 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.2 Licensing – Children and Young People For further information, use the resources shown below:- Legal Database:- Criminal Law - Alcohol Licensing & Liquor Laws Review: You can explain the following terms with reference to licensing legislation: Child Young Person Relevant Premises Responsible Premises State the key offences and statutory defence relating to children/ young person in relation to licencing legislation 8 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.2 Licensing – Children and Young People Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 9 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 2.2 Licensing – Children and Young People 10 General Police Duties OFFICIAL