Limit removed on fines for Licensing Act offences
22nd July, 2015
The Government has removed the limit on maximum fines for offences committed under the Licensing Act 2003.
The change opens up the potential for unlimited fines to be imposed on those found breaking the law.
What has happened?
Previous to this change, courts could only fine those found guilty of Licensing Act offences a maximum of £5,000, or up to £20,000 for certain offences.
Courts now have the power to impose unlimited fines for offences under the Licensing Act 2003 committed from 12 March 2015. The measure does not have retrospective effect so the previous fines regime will be in place for offences committed before 12 March.
Why has this happened?
The Government says it has introduced the measure to give magistrates more flexibility when deciding on punishments.
However, magistrates will still have to take into account the financial means of the offender and any aggravating or mitigating factors when deciding the level of fines.
What offences do the changes cover?
Unlimited fines can now be imposed for offences including:
- The sale of alcohol to children or allowing the sale of alcohol to children
- Purchasing alcohol on behalf of a person under the age of 18, whether on or off licensed premises
- Knowingly allowing the consumption of alcohol on relevant premises by children
- Delivering alcohol to children
- Sending a child to obtain alcohol
What does this mean for me?
The changes mean that licensed premises from pubs and restaurants to supermarkets and convenience stores will need to be even more vigilant to ensure they don’t fall foul of the Licensing Act 2003 as the consequences could prove even more costly than before.
Licensees may want to review their current procedures to make doubly sure they comply with the Act.
How can Ward Hadaway help?
For more information about the issues raised in this update, please contact Richard Arnot
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
This page may contain links that direct you to third party websites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.
