December 26, 2004
I'm an evil criminal
[Some of you already know this story. I'm recording it here for the sake of the people who don't, and so people who know part of it can have the complete picture. Also it gives me somewhere to point people.]
I'm sure this comes as news to nobody; I mean, most people reading this have probably broken some law at some point — either some minor misdemeanour, such as speeding, or maybe experimenting with drugs in their youth, or something more major like losing the password for an encrypted file, the mark of a true terrorist. But no, I actually got caught in the act, by a carefully orchestrated police sting.
See, a couple of weeks ago, I was caught selling alcohol to a minor. In a carefully planned police operation, 18 bars in Nottingham's city centre were visited on a busy Saturday night, by 4 minors accompanied by plainclothes police officers. In 10, the minor managed to get in (in many cases past door staff), and to get served alcohol. Including at Number 10, the high class establishment (*cough*) I currently work in. In fact, I served him.
3 hours later, they came back and told me what had happened, and the possible consequences: if they chose to prosecute, I could face a fine in the region of £200, and a criminal record. My boss (as licensee) could have lost her licence, although it being a first offence was more likely to get a fine somewhere between £1500 and £20,000 — this despite not even being on the premises at the time. A few days later we (and all the other evil perps) had to report to the city's main police station, and as it happens she only got a caution, which I believe remains on her record for 6 months. I got an £80 fixed penalty notice, which presents me with two choices: I can pay the penalty, never need to admit guilt, and go on with my life; or, I can refuse to pay, and demand my day in court. This latter approach risks a much larger fine, a criminal record, and loads more hassle. It's a no-brainer.
It appears there is no defence of entrapment in UK law, if it seems that the suspect was not coerced into doing something they would not normally do. It also appears that, under the Licensing (Young Persons) Act, 2000, and therefore section 169A of the 1964 Licensing Act, what I did is certainly illegal. It's not entirely clear whether or not I had a defence under section 169A(2), but it's a slim enough chance that I wasn't about to demand my day in court.
Ironically, the reason I'm going to be more careful in the future isn't really the risk of further fines, or penalty notices; while obviously I'd rather not have to pay them, I could probably work something out, or get bailed out by my parents. But if it happens again, my boss would lose her licence; that would really, really suck, because she's lovely, and the only reason I'm still working in that crappy pub. So since the incident, I've been ruthlessly asking for ID from anyone looking under 21. Please, if you get asked in a pub somewhere, don't be offended; we're just in fear for our wallets, and our bosses' licences.
Meanwhile, your recommended reading for today is Barlow being far less cowardly with the law than I.
Posted by James at 23:22
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