The Law what you need to know
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What constitutes an off licence proxy sale?

Section 149 of the Licensing Act 2003 makes it an offence for a person to purchase or attempt to purchase alcohol for a child, as where a child gives money to an adult to buy alcohol in an off licence for consumption by the child.

The consequence of this action can lead to:

  • A fixed penalty notice of £80
  • And even a fine of up to £5000

Exemptions

A parent who bought alcohol and subsequently gave it to his child would not commit an offence where alcohol is purchased by the parent for the child, but consumed in the home under his / her supervision.

The offence covers those who act as the agents of children in contracting sales. A parent contracts the sale in his or her own right, and is not acting as the child's agent or go-between to affect the child's own purchase.

Other exemptions exist for on license consumption with food, click here for more details.

Who is responsible for the sale?

The person making or attempting to make the purchase (unless by the parent or legal guardian for responsible consumption within the home).

The sales assistant selling the alcohol is responsible if, he / she served the alcohol knowing or suspecting that it is being purchased on behalf of a child.