Page:Dutiable Commodities (Amendment) Ordinance 2018.pdf/9

Dutiable Commodities (Amendment) Ordinance 2018

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(2) For the purpose of paragraph (1), a person is not regarded as selling or supplying intoxicating liquor only by delivering the liquor if the person—

(a) delivers the liquor in the course of business for another person who—

(i) sells or supplies the liquor; and

(ii) is not the employer of the first-mentioned person; and

(b) is not otherwise involved in the sale or supply of the liquor.

(3) A person who contravenes paragraph (1) commits an offence and is liable on summary conviction to a fine at level 5.

(4) To avoid doubt, if a person sells a product that is not intoxicating liquor but that is accompanied by intoxicating liquor as a gift, the person supplies the liquor.

38. Defences for face-to-face distribution

(1) This regulation applies if a person is charged with an offence under regulation 37 in relation to a face-to-face distribution.

(2) If a person is charged because of the person’s act, it is a defence for the person to establish that, before the intoxicating liquor was sold or supplied, the person—

(a) inspected a proof of identity purporting to be the proof of identity of the purchaser or recipient of the liquor; and