Section 104 | Offences

From legislation.gov.uk

(1)A person who contravenes section 100(1) by selling controlled alcoholic products wholesale commits an offence if the person knows or has reasonable grounds to suspect that—

(a)the buyer is carrying on a trade or business, and

(b)the alcoholic products are for sale or supply in the course of that trade or business.

(2)A person who contravenes section 100(1) by offering or exposing controlled alcoholic products for sale in circumstances in which the sale (if made) would be a wholesale sale commits an offence if the person intends to make a wholesale sale of the alcoholic products.

(3)A person who contravenes section 100(1) by arranging in the course of a trade or business for controlled alcoholic products to be sold wholesale, or offered or exposed for sale in circumstances in which the sale (if made) would be a wholesale sale, commits an offence if the person intends to arrange for the alcoholic products to be sold wholesale.

(4)A person who contravenes section 103 commits an offence if the person knows or has reasonable grounds to suspect that—

(a)the UK person from whom the controlled alcoholic products are bought is not an approved wholesaler in relation to the sale, or

(b)the Isle of Man person from whom the relevant alcoholic products are bought is not an Isle of Man approved wholesaler in relation to the sale.

(5)A person who commits an offence under this section is liable on summary conviction—

(a)in England and Wales to—

(i)imprisonment for a term not exceeding the general limit in a magistrates’ court,

(ii)a fine, or

(iii)both,

(b)in Scotland to—

(i)imprisonment for a term not exceeding 12 months,

(ii)a fine not exceeding the statutory maximum, or

(iii)both, and

(c)in Northern Ireland to—

(i)imprisonment for a term not exceeding 6 months,

(ii)a fine not exceeding the statutory maximum, or

(iii)both.

(6)A person who commits an offence under this section is liable on conviction on indictment to—

(a)imprisonment for a period not exceeding 7 years,

(b)a fine, or

(c)both.