2. Alcohol sale offences (Revised 2017)

Licensing Act 2003, s.141 (sale of alcohol to drunk person); s.146 (sale of alcohol to children); s.147 (allowing sale of alcohol to children)
Effective from: 24 April 2017

Step 2 – Starting point and category range

Having determined the category at step one, the court should use the starting point to reach a sentence within the appropriate category range in the table below. The starting point applies to all offenders irrespective of plea or previous convictions.

Offence Category Starting Point Range
 Category 1 Band C fine                            Band B fine – Band C fine
 Category 2 Band B fine Band A fine – Band C fine
 Category 3 Band A fine Conditional discharge –                   Band B fine

Note: refer to fines for offence committed for ‘commercial’ purposes

Band ranges
Starting point Range
Fine Band A  50% of relevant weekly income  25 – 75% of relevant weekly income
Fine Band B  100% of relevant weekly income  75 – 125% of relevant weekly income
Fine Band C  150% of relevant weekly income 125 – 175% of relevant weekly income
Fine Band D  250% of relevant weekly income 200 – 300% of relevant weekly income
Fine Band E 400% of relevant weekly income 300 – 500% of relevant weekly income
Fine Band F  600% of relevant weekly income  500 – 700% of relevant weekly income

The court should then consider adjustment for any aggravating or mitigating factors. The following is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the sentence arrived at so far.

Factors increasing seriousness

Statutory aggravating factors:

  • Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
  • Offence committed whilst on bail
  • Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: religion, race, disability, sexual orientation or transgender identity

Other aggravating factors:

  • Failure to comply with current court orders
  • Offence committed on licence or post sentence supervision

Factors reducing seriousness or reflecting personal mitigation

  • No previous convictions or no relevant/recent convictions
  • Offence committed as the result of substantial intimidation