Licensee not to allow minors to enter or remain in certain licensed premises
124 Licensee not to allow minors to enter or remain in certain licensed premises
If a minor—
enters a bar area on licensed premises, or
enters a part of licensed premises to which a minors area authorisation under section 121 is in force, but is not in the company of a responsible adult, or
enters, in contravention of the conditions of the licence, a part of licensed premises operated by a casino operator,
the licensee is guilty of an offence.
Maximum penalty—50 penalty units.
If a minor—
is in a bar area on licensed premises, or
is in a part of licensed premises to which a minors area authorisation under section 121 is in force, but is not in the company of a responsible adult, or
is, in contravention of the conditions of the licence, in a part of licensed premises operated by a casino operator,
the licensee is guilty of an offence unless the minor is immediately removed from the area or premises concerned.
Maximum penalty—50 penalty units.
A licensee does not commit an offence under this section if the minor—
is at least 14 years of age and produces to the licensee (or an employee or agent of the licensee) an evidence of age document that may reasonably be accepted as applying to the minor and as proving that the minor is of or above the age of 18 years, or
is an apprentice or trainee (within the meaning of the Apprenticeship and Traineeship Act 2001) who has entered, or is on, the licensed premises concerned for the purpose only of receiving trade training (not being training in the sale, supply or service of liquor) as such an apprentice or trainee, or
has entered, or is on, the licensed premises concerned for such purposes, or in such circumstances, as may be approved by the NICC and are specified in the licence concerned.
A licensee does not commit an offence under this section in relation to a minor entering, or being or remaining in, a bar area if the minor—
is present in the bar area only for so long as is reasonably necessary to pass through the area in order to conveniently gain access to another area of the licensed premises that the minor may enter without contravening this Act, or
is performing in a show or other live entertainment performance held in the bar area,
and is in the company of a responsible adult while in the bar area.
[Not applied]
In the prosecution for an offence under this section, the defendant has the burden of proving that a particular person was the responsible adult in relation to a minor at the relevant time.
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