New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 123

123 Minor not to enter or remain in certain licensed premises

(1) A minor must not--

(a) enter or remain in the bar area of a hotel or club premises, or

(b) enter or remain in a part of a hotel to which a minors area authorisation relates unless the minor is in the company of a responsible adult, or

(b1) enter or remain in a small bar between 10 am and 10 pm--

(i) unless--

(A) the minor is in the company of a responsible adult, and

(B) meals are regularly provided on the licensed premises at times between opening time and 10 pm when liquor is sold or supplied, and

(C) any other requirements prescribed by the regulations are being complied with, or

(ii) unless--

(A) there is a minors authorisation in force for the small bar, and

(B) the minor is in the small bar during the times, and for the purposes or in the circumstances, stated in the authorisation, or

(b2) enter or remain in a small bar between 10 pm and midnight unless--

(i) there is a minors authorisation in force for the small bar, and

(ii) the minor is in the small bar during the times, and for the purposes or in the circumstances, stated in the authorisation, or

(b3) enter or remain in a small bar--

(i) during any period of extended trading between midnight and 5 am on any day of the week, or

(ii) during any time that the Authority, by written order given to the licensee, has declared the small bar off-limits to minors, or

(c) enter or remain in a licensed public entertainment venue unless--

(i) the minor is in the company of a responsible adult, or

(ii) a function is being held in the venue in accordance with a minors functions authorisation, or

(d) enter or remain in the following areas of licensed premises unless the minor is in the company of a responsible adult--

(i) an area related to a packaged liquor licence,

(ii) an area dedicated to the sale of liquor by retail in sealed containers on the licensed premises for consumption away from the licensed premises.

: Maximum penalty--20 penalty units.

(2) A minor does not commit an offence under subsection (1) if--

(a) the minor is an apprentice or trainee (within the meaning of the Apprenticeship and Traineeship Act 2001 ) and 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

(b) the minor has entered, or is on, the licensed premises concerned for the purpose only of receiving training and instruction in respect of the servicing, repair or maintenance of gaming machines under the supervision of the holder of a technician's licence within the meaning of the Gaming Machines Act 2001 , or

(c) the minor has entered, or is on, the licensed premises for a purpose, or in circumstances, approved by the Authority and specified in the licence under section 124(3)(c).

(3) A minor does not commit an offence under subsection (1)(a) if the minor--

(a) 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 hotel or club premises that the minor may enter without contravening this Act, or

(b) 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.

(4) A minor does not commit an offence under subsection (1)(a) in relation to being in the bar area of club premises if--

(a) a reception is being held in the bar area in association with the wedding of a member of the club or of a person who is a child or parent of a member of the club or for whose maintenance a member of the club is or has been responsible, and

(b) the minor has been invited to the reception by a person entitled to issue the invitation.

(5) It is a defence to a prosecution for an offence under subsection (1)(a) or (c) if it is proved that the defendant believed on reasonable grounds that a minors functions authorisation was in force at the relevant time to enable minors to attend a function in a bar area of the hotel or in the public entertainment venue.

(5A) It is a defence to a prosecution for an offence under subsection (1)(b1) if it is proved that the defendant believed on reasonable grounds that a minors authorisation was in force at the relevant time to enable minors to enter or remain in the small bar without being in the company of a responsible adult.

(5B) Subsection (1)(d) does not apply to an area of licensed premises in which liquor is sold for takeaway or home delivery under a packaged liquor licence that does not authorise the licensee to make walk-up sales.

(5C) A minor does not commit an offence under subsection (1)(d) if the minor--

(a) enters or remains in the area of the licensed premises in the minor's capacity as an employee, and

(b) is not involved in the sale or supply of liquor.

(5D) Also, a minor does not commit an offence under subsection (1)(d) if the minor leaves the licensed premises within a reasonable period after being informed by a responsible person that the minor must not be within the area.

(5E) It is a defence to a prosecution for an offence under subsection (1)(d) if it is proved that at the time of the alleged offence the minor did not know, and could not reasonably be expected to have known, that the alleged offence had been committed.

Example--: A minor is unaccompanied in a bottle shop but is unaware unaccompanied minor must not be within the area.

(6) 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 the defendant at the relevant time.