Section 124 Liquor Act 2007 | Licensee Not to Allow Minor to Attend Premises


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The Legislation

Section 124 of the Liquor Act 2007 (NSW) is concerned with Licensee Not to Allow Minor to Attend Premises and is set out below.

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

(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.

(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.