Selling an aerosol paint container to a person under 16

s.54Anti-social Behaviour Act 2003

Selling a pressurised spray paint container to a person under the age of 16.

Selling an aerosol paint container to a person under 16 · Anti-social Behaviour Act 2003, s.54Card 186 / 195

Points to prove

Aerosol paint container – s.54(2): a device which contains paint stored under pressure and is designed to release the paint as a spray.
Sells – a sale by the defendant personally, or by another person such as an employee (see the s.54(5) defence).
Under 16 – the purchaser’s actual age. The seller’s belief only matters through the defence below.

Age checks – s.54(4): the defendant proves they took all reasonable steps to determine the purchaser’s age and reasonably believed the purchaser was not under 16.
Due diligence – s.54(5): where the sale was made by someone else (for example a shop assistant), the defendant proves they took all reasonable steps to avoid the offence being committed, such as training and a till-prompt policy.
The defendant must prove the defence on the balance of probabilities.

Aimed at reducing graffiti. Graffiti itself may be criminal damage (s.1 Criminal Damage Act 1971) or dealt with by a fixed penalty or community protection notice.
Applies in England and Wales only.
Usually enforced by trading standards using test purchases, but police may also report offences. Summary only, so proceedings must start within 6 months.

Legislation: Anti-social Behaviour Act 2003, s.54 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: A fine not exceeding level 4 (£2,500)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

What are the points to prove for selling an aerosol paint container to a person under 16?

1. Sold 2. An aerosol paint container 3. To a person under the age of 16

What is the maximum sentence for selling an aerosol paint container to a person under 16?

A fine not exceeding level 4 (£2,500)

Is selling an aerosol paint container to a person under 16 a summary, either-way or indictable offence?

Selling an aerosol paint container to a person under 16 is a summary-only offence: it is tried in the magistrates’ court.

What Act and section is selling an aerosol paint container to a person under 16?

Selling an aerosol paint container to a person under 16 is an offence under the Anti-social Behaviour Act 2003, s.54.