Cyclone Posted January 2, 2014 Share Posted January 2, 2014 No. Regardless of what the manager may have said, the Sales Assistant would NOT be breaking the law. Like I have said, even the Managers need re-training. If the Sales Assistant/Cashier can be proved to have known that this was a proxy sale on behalf of a minor, then they can be found guilty of a crime, but it is almost impossible to prove. You're quite right, I hadn't read that far when I replied. So the shop is under no obligation to avoid selling to an adult, no matter whether they suspect the adult will supply it to a minor or not. The only person breaking the law in that case are the adult and the child who consumes it. (And this is specific to licenses premises) Edit - reading the licensing act 2003, I can't see where the proxy sale would be a crime for the retailer? http://www.legislation.gov.uk/ukpga/2003/17/contents This section presumably http://www.legislation.gov.uk/ukpga/2003/17/section/149 Link to comment Share on other sites More sharing options...
boyfriday Posted January 2, 2014 Share Posted January 2, 2014 Edit - reading the licensing act 2003, I can't see where the proxy sale would be a crime for the retailer? I suspect they could have problems with the licensing authorities for failing to observe the Protection of Children from Harm objectives. Link to comment Share on other sites More sharing options...
Cyclone Posted January 2, 2014 Share Posted January 2, 2014 There wouldn't be a crime committed though AFAICS Link to comment Share on other sites More sharing options...
boyfriday Posted January 2, 2014 Share Posted January 2, 2014 There wouldn't be a crime committed though AFAICS I agree, but you can imagine a retailer being wary of proxy sales if it could affect their license (apologies if this point has already been covered) Link to comment Share on other sites More sharing options...
cgksheff Posted January 2, 2014 Share Posted January 2, 2014 There wouldn't be a crime committed though AFAICS I seem to remember from the last time that I was looking this up, that the offence would not be one specific to the Licensing Act, but something a bit more catch-all like aiding & abetting sort of thing. i.e. if the cashier can be shown to have known that it was a Proxy Purchase, they would have assisted in the commission of a crime. Like I say, it is very tenuous and hard to prove. A retailer is likely to have their License suspended in the event of repeated Proxy Sales occurring at their outlet. Not a criminal offence, though. Link to comment Share on other sites More sharing options...
butterball Posted January 2, 2014 Share Posted January 2, 2014 How do you imagine that you can somehow prevent parents from giving alcohol to their children? And why would you, when it's perfectly legal (assuming they are over 5). I don't. All I'm interested in doing is keeping my job and that means following the training I've been given. That's all I'm bothered about. You want to go give your 5, 10 or 15 year old alcohol that's your decision - doesn't make you a criminal obviously, just a bad parent. Link to comment Share on other sites More sharing options...
Cyclone Posted January 2, 2014 Share Posted January 2, 2014 Yeah, a slightly different perspective on it when you're just following orders. I disagree that giving children alcohol makes you a bad parent btw, depending on the circumstances it may well make you a better one. ---------- Post added 02-01-2014 at 16:05 ---------- I seem to remember from the last time that I was looking this up, that the offence would not be one specific to the Licensing Act, but something a bit more catch-all like aiding & abetting sort of thing. i.e. if the cashier can be shown to have known that it was a Proxy Purchase, they would have assisted in the commission of a crime. Like I say, it is very tenuous and hard to prove. A retailer is likely to have their License suspended in the event of repeated Proxy Sales occurring at their outlet. Not a criminal offence, though. Seems like they are going OTT when they refuse to serve adults who happen to have children with them. It's not an uncommon complaint, a bit of consumer pressure would probably stop this annoying behaviour though. Link to comment Share on other sites More sharing options...
Halibut Posted January 2, 2014 Share Posted January 2, 2014 I don't. All I'm interested in doing is keeping my job and that means following the training I've been given. That's all I'm bothered about. You want to go give your 5, 10 or 15 year old alcohol that's your decision - doesn't make you a criminal obviously, just a bad parent. I disagree. Link to comment Share on other sites More sharing options...
Obelix Posted January 2, 2014 Share Posted January 2, 2014 I don't. All I'm interested in doing is keeping my job and that means following the training I've been given. That's all I'm bothered about. You want to go give your 5, 10 or 15 year old alcohol that's your decision - doesn't make you a criminal obviously, just a bad parent. Please tell me why I am a bad parent, godparent and uncle then... Link to comment Share on other sites More sharing options...
Happ Hazzard Posted January 2, 2014 Share Posted January 2, 2014 With the return of true life sentences, I can see shops cracking down even more. They should just make it no ID, no sale, no exceptions, just so there are no excuses. Link to comment Share on other sites More sharing options...
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