Schedules
Schedule 10Penalties for contraventions of alcohol wholesaling provisions
I1I28Companies: officer’s liability
1
Where a penalty under this Schedule is payable by a company in respect of a contravention which was attributable to an officer of the company, the officer is liable to pay such portion of the penalty (which may be 100%) as the Commissioners may specify by written notice to the officer.
2
Sub-paragraph (1) does not allow the Commissioners to recover more than 100% of a penalty.
3
In the application of sub-paragraph (1) to a body corporate other than a limited liability partnership, “officer” means—
a
a director (including a shadow director within the meaning of section 251 of the Companies Act 2006),
b
a manager, and
c
a secretary.
4
In the application of sub-paragraph (1) to a limited liability partnership, “officer” means a member.
5
In the application of sub-paragraph (1) in any other case, “officer” means—
a
a director,
b
a manager,
c
a secretary, and
d
any other person managing or purporting to manage any of the company’s affairs.
6
Where the Commissioners have specified a portion of a penalty in a notice given to an officer under sub-paragraph (1)—
a
paragraph 5 applies to the specified portion as to a penalty,
b
the officer must pay the specified portion before the end of the period of 30 days beginning with the day on which the notice is given,
c
sub-paragraphs (3) to (5) of paragraph 6 apply as if the notice were an assessment of a penalty, and
d
paragraph 9 applies as if the officer were liable to a penalty.
7
In this paragraph “company” means any body corporate or unincorporated association, but does not include a partnership.