Commentary on Sections Part 4 – Graffiti and Other Defacement Section 37 – Sale of aerosol paint to children
This section makes it an offence to sell aerosol spray paints to persons aged under 18.    Subsection (2) contains a definition of aerosol paint container.  Subsection (3) sets out the maximum penalty for the offence which is a fine of £2,500. Subsection (4) provides a defence for those who took all reasonable steps to determine the purchaser's age and reasonably believed he was 18 or over. Subsection (5) provides a defence for someone who is charged with an offence but did not carry out the sale himself (such as a shopkeeper) if he took all reasonable steps to avoid the commission of an offence.
Subsection (6) requires district councils to consider, at least once a year, the extent to which it is appropriate to have a programme of enforcement action in relation to this section and, to that extent, to carry out such a programme.  Subsection (7) sets out what measures a programme of enforcement action may contain.