A shop-owner appealed by case stated against his conviction for allowing alcohol to be sold to a person under 18.
Held: The appeal succeeded: ‘while the justice’s personal view was that a more robust practice should have been in place, the fact is that on the evidence this was apparently a one-off incident, of which the appellant was unaware at the time, and also there was a system in place to prevent underage buying or selling of alcohol. Both sections 103 and 107 of the 2005 Act permit a defence of ‘due diligence’ in terms of section 141A of that Act.’
Lady Paton, Lord Drummond Young, Sheriff Principal Lockhart
[2014] ScotHC HCJAC – 84
Bailii
Licensing (Scotland) Act 2005 103
Scotland
Crime
Updated: 18 December 2021; Ref: scu.535263