Alcohol sale offences (Revised 2017)
Triable only summarily
Maximum: Level 3 fine (s.141); Unlimited fine (ss.146 and 147)
Offence range: Conditional Discharge – Band C fine
Note: This guideline may also be relevant when sentencing offences under s147A of the Licensing Act 2003, persistently selling alcohol to children, which is committed if, on three or more different occasions within a period of three consecutive months, alcohol is unlawfully sold on the same premises to a person under 18. The offence is summary only and the maximum penalty is an unlimited fine. The court should refer to the sentencing approach in this guideline, adjusting the starting points and ranges bearing in mind the increased seriousness of this offence.
In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. It applies to all offenders aged 18 and older, who are sentenced on or after the effective date of this guideline, regardless of the date of the offence (subject to requirement(s) being applicable).
Section 125(1) of the Coroners and Justice Act 2009 provides that when sentencing offences committed
after 6 April 2010:
“Every court –
- must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender’s case, and
- must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function,
unless the court is satisfied that it would be contrary to the interests of justice to do so.”
This guideline applies only to offenders aged 18 and older. General principles to be considered in the sentencing of children and young people are in the Sentencing Guidelines Council’s definitive guideline, Overarching Principles – Sentencing Children and Young People.
Step 1 – Determining the offence category
The Court should determine the offence category using the table below.
|Category 1||Higher culpability and greater harm|
|Category 2||Higher culpability and lesser harm or lower culpability and greater harm|
|Category 3||Lower culpability and lesser harm|
The court should determine the offender’s culpability and the harm caused with reference only to the factors below. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category.
CULPABILITY demonstrated by one or more of the following
Factors indicating higher culpability
- No attempt made to establish age
- Sale for consumption by group of intoxicated persons
- Sale intended for consumption by a child or young person
- Offender in management position (or equivalent)
- Evidence of failure to police the sale of alcohol
Factors indicating lower culpability
- Offender deceived by false identification
- Evidence of substantial effort to police the sale of alcohol
- Offender acting under direction
HARM demonstrated by one or more of the following
Factors indicating greater harm
- Supply to younger child/children
- Supply causes or contributes to antisocial behaviour
- Large quantity of alcohol supplied
Factors indicating lesser harm
- All other cases
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||Category 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.
|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
Step 3 – Consider any factors which indicate a reduction, such as assistance to the prosecution
The court should take into account sections 73 and 74 of the Serious Organised Crime and Police Act 2005 (assistance by defendants: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator.
Step 4 – Reduction for guilty pleas
The court should take account of any potential reduction for a guilty plea in accordance with section 144 of the Criminal Justice Act 2003 and the guideline for Reduction in Sentence for a Guilty Plea (where first hearing is on or after 1 June 2017, or first hearing before 1 June 2017).
Step 5 – Totality principle
If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the overall offending behaviour in accordance with the Totality guideline.
Step 6 – Compensation and ancillary orders
In all cases, the court should consider whether to make compensation and/or other ancillary orders including deprivation and/or forfeiture or suspension of personal liquor licence.
Step 7 – Reasons
Section 174 of the Criminal Justice Act 2003 imposes a duty to give reasons for, and explain the effect of, the sentence.