241 Supplying alcohol to minors

(1)

A person who supplies alcohol to a minor commits an offence.

(2)

A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $2,000.

(3)

It is a defence to a charge under subsection (1) if the person supplying the alcohol (the supplier)—

(a)

is a parent or guardian of the minor, and supplies the alcohol in a responsible manner; or

(b)

believes on reasonable grounds that the minor is not a minor; or

(c)

believes on reasonable grounds that subsection (7) applies to the minor, and supplies the alcohol in a responsible manner; or

(d)

believes on reasonable grounds that he or she has the express consent of the parent or guardian of the minor, and supplies the alcohol in a responsible manner.

(4)

When considering for the purposes of subsection (3)(a), (c), or (d) whether alcohol was supplied to any person in a responsible manner, the court may, in relation to the occasion on which the alcohol was supplied, take into account the following:

(a)

the steps taken by the supplier to supervise the consumption of alcohol:

(b)

whether food was provided with the alcohol:

(c)

whether a choice of low-alcohol or non-alcoholic beverages, or both, was offered:

(d)

the nature of the occasion:

(e)

any arrangements for, or provision of, safe transport:

(f)

the period over which the alcohol was supplied:

(g)

the strength and volume of the alcohol supplied:

(h)

the age of the minor:

(i)

any other matter it thinks relevant in the particular circumstances.

(5)

Subsection (1) applies irrespective of any liability that may attach to the licensee or any manager or other person in respect of the sale or supply of the alcohol.

(6)

A person does not commit an offence against subsection (1) by supplying alcohol to a person who then supplies it to a third person who is a minor, unless it is proved that the person knew or had reasonable grounds to believe that the alcohol was intended for a minor.

(7)

This subsection applies to the minor at any time if he or she is then no longer subject to guardianship by operation of section 28 of the Care of Children Act 2004.

Compare: 1989 No 63 s 160