Commentary on Parts Part 8 – Offences Section 104 – Sale of liqueur confectionery to a child
214.This section makes it an offence to sell liqueur confectionery to a child under 16. Subsection (2) provides a defence if the seller believed that the purchaser was 16 or over and if either he or she took all reasonable steps to establish the purchaser’s age or if nobody could reasonably have suspected from the purchaser’s appearance that he or she was under 16.
215.Subsection (3) provides that the accused is deemed to have taken “all reasonable steps” if he or she was shown evidence of the individual’s age and that evidence was such that it would have convinced a reasonable person.