New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 124

124 Licensee not to allow minors to enter or remain in certain licensed premises

(1) If a minor--

(a) enters a bar area of a hotel or club premises, or

(b) enters a part of a hotel to which a minors area authorisation is in force, but is not in the company of a responsible adult, or

(b1) enters a small bar between 10 am and 10 pm and--

(i) there is not a minors authorisation in force for the small bar and--

(A) the minor is not in the company of a responsible adult, or

(B) meals are not regularly provided on the licensed premises at times between opening time and 10 pm when liquor is sold or supplied, or

(C) any other requirements prescribed by the regulations are not complied with, or

(ii) there is a minors authorisation in force for the small bar but the minor is in the small bar other than during the times, and for the purposes or in the circumstances, stated in the authorisation, or

(b2) enters a small bar between 10 pm and midnight and--

(i) there is not a minors authorisation in force for the small bar, or

(ii) there is a minors authorisation in force for the small bar but the minor is in the small bar other than during the times, and for the purposes or in the circumstances, stated in the authorisation, or

(b3) enters 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) enters a licensed public entertainment venue, but is not in the company of a responsible adult, or

(d) enters or remains in the following areas of licensed premises and is not 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,

the licensee is guilty of an offence.

: Maximum penalty--50 penalty units.

(2) If a minor--

(a) is in a bar area of a hotel or club premises, or

(b) is in a part of a hotel to which a minors area authorisation is in force, but is not in the company of a responsible adult, or

(b1) is in a small bar between 10 am and 10 pm and--

(i) there is not a minors authorisation in force for the small bar and--

(A) the minor is not in the company of a responsible adult, or

(B) meals are not regularly provided on the licensed premises at times between opening time and 10 pm when liquor is sold or supplied, or

(C) any other requirements prescribed by the regulations are not complied with, or

(ii) there is a minors authorisation in force for the small bar but the minor is in the small bar other than during the times, and for the purposes or in the circumstances, stated in the authorisation, or

(b2) is in a small bar between 10 pm and midnight and--

(i) there is not a minors authorisation in force for the small bar, or

(ii) there is a minors authorisation in force for the small bar but the minor is in the small bar other than during the times, and for the purposes or in the circumstances, stated in the authorisation, or

(b3) is 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) is in a licensed public entertainment venue, but is not in the company of a responsible adult, or

(d) is in the following areas of licensed premises and is not 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,

the licensee is guilty of an offence unless the minor is immediately removed from the area or premises concerned.

: Maximum penalty--50 penalty units.

(3) A licensee does not commit an offence under this section if the minor--

(a) 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

(b) 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

(c) has entered, or is on, the licensed premises concerned for such purposes, or in such circumstances, as may be approved by the Authority and are specified in the licence concerned.

(3A) The regulations may prescribe purposes for which, or circumstances in which, the Authority must refuse to grant an approval under subsection (3)(c).

(4) A licensee does not commit an offence under this section in relation to a minor entering, or being or remaining in, a bar area of a hotel or club premises 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, and

(b) is in the company of a responsible adult while in the bar area.

(5) A licensee does not commit an offence under this section in relation to a minor being in the bar area of club premises if--

(a) a reception is being held in that 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.

(6) A licensee does not commit an offence under this section in relation to a minor being in a licensed public entertainment venue if a function is being held in the venue in accordance with a minors functions authorisation.

(6A) It is a defence to a prosecution for an offence under subsection (2)(d) if it is proved that, at the time of the alleged offence, the licensee had taken all reasonable precautions to avoid commission of the alleged offence.

(7) 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.