The proxy purchasing offence in England and Wales is committed when an adult buys, or tries to buy, alcohol, tobacco, or nicotine products for someone under 18. Alcohol purchases fall under Section 149 of the Licensing Act 2003; tobacco and nicotine products fall under Section 91 of the Children and Families Act 2014. Both can be settled with a fixed penalty notice (£80 for alcohol, £90 for tobacco and nicotine) or prosecuted in a magistrates’ court, where fines reach level 4 or level 5 on the standard scale. Neither offence carries prison time, and both come with a statutory defence that is worth knowing before you decide how to respond.
What Counts as Buying for a Minor
For alcohol, Section 149 of the Licensing Act 2003 creates two offences. Subsection (3) covers buying or attempting to buy alcohol on behalf of someone under 18, whether at a shop, pub, or members’ club. Subsection (4) covers buying alcohol for an under-18 to drink specifically on licensed premises.1Legislation.gov.uk. Licensing Act 2003 – Section 149
The under-18 does not need to be present at the till. The offence is complete the moment you buy or try to buy with the intention that the product reach them. A text message beforehand, a handover in the car park afterwards, or a friend waiting outside the shop all satisfy the legal threshold. What matters is the intended recipient, not whether they were visible in the transaction.
For tobacco and nicotine, Section 91 of the Children and Families Act 2014 applies the same principle to tobacco, cigarette papers, and any “relevant nicotine product”.2Legislation.gov.uk. Children and Families Act 2014 – Section 91 That covers cigarettes, rolling tobacco, cigars, cigarette papers, e-cigarettes, vape devices, and nicotine pouches. The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 brought electronic cigarettes and similar devices expressly within the prohibition.3Legislation.gov.uk. Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015
Fixed Penalty Notices Versus Court Fines
Either offence can be resolved on the spot through a fixed penalty notice. For tobacco and nicotine, the FPN is £90.4Legislation.gov.uk. Proxy Purchasing of Tobacco, Nicotine Products etc (Fixed Penalty Amount) Regulations 2015 For alcohol, it is £80.
The real significance of the FPN is not the amount but what it is not. Paying a fixed penalty is not a criminal conviction. It creates no criminal record and does not appear on a DBS check. You acknowledge the matter and settle it without prosecution.
If the case goes to court, either because you refuse the FPN or because the authorities decide to prosecute directly, the maximum fines differ by product:
- Alcohol under Section 149 carries a fine up to level 5 on the standard scale. Since March 2015, level 5 fines in England and Wales have had no upper limit, so the magistrates’ court can impose whatever amount it considers appropriate. First offences involving small quantities typically stay well below the old £5,000 ceiling, but that figure is no longer a legal cap.1Legislation.gov.uk. Licensing Act 2003 – Section 149
- Tobacco and nicotine under Section 91 carries a maximum fine at level 4 on the standard scale, which is £2,500.2Legislation.gov.uk. Children and Families Act 2014 – Section 91
Both offences are summary only. They are heard in the magistrates’ court, and there is no risk of imprisonment for either on its own.
The Statutory Defence Most People Miss
Neither offence is strict liability. Both statutes build in a defence that can defeat the charge entirely.
For alcohol, Section 149(6) provides a defence if you had no reason to suspect the person was under 18.1Legislation.gov.uk. Licensing Act 2003 – Section 149 Section 91(2) gives the same defence for tobacco and nicotine, and adds a second limb for cigarette papers: a defence also applies if you had no reason to suspect the papers would be used for smoking.2Legislation.gov.uk. Children and Families Act 2014 – Section 91
Running the defence successfully is harder than the wording suggests. If the under-18 was visibly young, if you are their parent or older sibling, or if there is any evidence of prior arrangement, “no reason to suspect” will be difficult to argue. Where it genuinely works is the less common situation where someone who looked plausibly 18 asked a stranger to buy a product, and the stranger had no real basis to doubt them. Once you raise the defence with enough supporting evidence to make it a live issue, the prosecution has to disprove it.
The Table Meal Exception for 16 and 17-Year-Olds
Section 149(5) creates one narrow exception for alcohol. A person aged 18 or over can buy beer, wine, or cider for a 16 or 17-year-old to drink with a sit-down meal at a licensed venue, provided the young person is accompanied at that meal by an adult.1Legislation.gov.uk. Licensing Act 2003 – Section 149 Every element has to be present:
- The buyer is 18 or over.
- The young person is 16 or 17, not younger.
- The drink is beer, wine, or cider. Spirits are excluded.
- The setting is a table meal on licensed premises. A drink at the bar does not qualify.
- An adult aged 18 or over is with the young person at the meal.
The exception does not reach off-licence purchases. Buying a bottle of wine at a supermarket for a 17-year-old to drink at home remains an offence, whatever meal is planned.
What a Conviction Means Afterwards
A court conviction for proxy purchasing produces a criminal record. Because the offence is summary only and punished by a fine, it sits at the lower end of the seriousness scale, but it will still appear on a standard DBS check. That can cause problems in sectors that run background screening, particularly roles involving children, vulnerable adults, or licensed premises.
Any criminal conviction can technically be asked about on certain visa applications, though a summary-only fine for buying a few cans for a teenager is unlikely to trigger visa refusals in most countries. The more immediate consequences are professional: licensing bodies, regulated employers, and volunteer organisations that run DBS checks will see the conviction.
Accepting the fixed penalty notice avoids all of this, because an FPN is not a conviction and does not appear on a DBS check. For most people facing a first allegation with straightforward facts, the FPN is the less damaging route by a considerable margin.