Regulatory and summary offences
Alcohol sale offences
Licensing Act 2003 (as charged)
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Level 3 fine (s
Actus reus
- Sells alcohol to an individual aged under 18 (Licensing Act 2003, s.146). Club-supply limbs are in the same section.
Mens rea
- The sale/supply is the conduct. Age-belief defence in s.146(4): believed the individual was 18+ and took all reasonable steps, or nobody could reasonably have suspected from appearance that the person was under 18.
Defences
Not a sale of alcohol · Purchaser was 18 or over · s.146(4) age-belief defence · Due-diligence defence where the accused is charged for another’s act (s.146(6))
Sentencing Council
Sentencing Council guideline effective 24 April 2017. Offence range: Conditional Discharge - Band C fine.
At the police station
This is one common licensing charge, not every Licensing Act offence. Challenge 21 records and CCTV first.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Licensing Act 2003 (as charged) ↗
- Sentencing Council:Sentencing Council definitive guideline ↗