Source: All England Reporter
Publisher Citation: [2012] All ER (D) 67 (Feb)
Court: Queen's Bench Division, Divisional Court
Judge: Hooper LJ and Lloyd Jones J (Judgment delivered extempore)
Representation Claire Andrews (instructed by DAC Beachcroft LLP) for the appellant.
  Simon Blackford (instructed by the legal department of Reading Borough Council) for the authority.
Judgment Dates: 9 February 2012

Catchwords

Tobacco - Sale to minor - Test purchase by local authority - Appellant supermarket selling tobacco to young person - Purchase made on instructions of respondent local authority to test whether appellant complying with legal obligations - Appellant being convicted - Whether justices erring in finding sale made to young person - .

The Case

Tobacco Sale to minor. The Administrative Court, in dismissing an appeal by way of case stated, held that where a young person had purchased tobacco as a test purchase on behalf of the respondent local authority, there had been a sale for the purpose of s7(1) of the and the appellant could not rely on the defence that the young person had been purchasing on behalf of an adult.

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