Part 2
Sale and supply of alcohol generally
Offences and closure of premises:
Matters of evidence
274Evidence of sale or consumption of alcohol
In any proceedings for an offence against any of the provisions of this Act in relation to the sale or consumption of alcohol on any licensed premises or unlicensed premises, it is not necessary for the prosecution to prove that any money passed or any alcohol was actually consumed, if the court is satisfied that a transaction in the nature of a sale actually took place or that any consumption of alcohol was about to take place.
In any proceedings for an offence against any of the provisions of this Act in relation to the sale of alcohol on any licensed premises, proof of consumption or intended consumption of alcohol on the premises, or of the carrying away of alcohol from the premises, by some person other than the occupier of the premises or any person employed on them is evidence that the alcohol was sold to that person by or on behalf of the licensee.
In any proceedings for an offence against any of sections 244, 245, 247, 248, 255, and 256, any element of the offence relating to any person being, at the time of the alleged offence, entitled to have alcohol sold or supplied to him or her, or to consume or procure it or have it in his or her possession on the licensed premises, or to be on the licensed premises or any particular part of the licensed premises, must be treated as having been proved unless at least 20 working days before the hearing the defendant puts the question in issue by written notice to that effect served on the prosecution.
In any proceedings for an offence against any of sections 239, and 241 to 245,—
- any element of the offence relating to the age of any person must be treated as having been proved unless at least 20 working days before the hearing the defendant puts the question in issue by written notice to that effect served on the prosecution; and
- the age of any person may be proved by the production of—
- a birth certificate (within the meaning of section 4 of the Births, Deaths, Marriages, and Relationships Registration Act 2021) relating to the person; or
- an approved evidence of age document; or
- a passport relating to the person.
- a birth certificate (within the meaning of section 4 of the Births, Deaths, Marriages, and Relationships Registration Act 2021) relating to the person; or
Compare
Notes
- Section 274(4)(b)(i): amended, on , by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).