Commentary on Sections Part 1.Licensing Section 16: Delivery of intoxicating liquor to young persons
Subsections (1) and (2) amend Article 60 of the Licensing Order (sale, etc., of intoxicating liquor to young persons) to make it an offence for a licensee or member of staff to make a home delivery of intoxicating liquor to any person under 18 years of age (punishable by a fine up to £5000 and/or to imprisonment up to 6 months and associated penalty points).
Subsection (3) adds new paragraph (ii) to Article 60(7A) so that in court proceedings licensees or members of staff who are charged with an offence under Article 60(1) may rely on a defence of due diligence by demonstrating that, when delivering intoxicating liquor, they recorded details of any proof of age document they had requested in the delivery book or on an invoice.
Subsection (4) ensures that intoxicating liquor cannot be delivered to a person under 18 years who is residing in unlicensed premises where an entertainment is being held or which are used by a club.