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LIQUOR LICENSING ACT 1997 - SECT 112

LIQUOR LICENSING ACT 1997 - SECT 112

112—Minors not to enter or remain in certain licensed premises

        (1)         A minor may not enter, or remain in—

            (a)         licensed premises subject to a packaged liquor sales licence unless the minor is accompanied by a responsible adult at all times; or

            (b)         licensed premises of a prescribed kind at prescribed times; or

            (c)         any other area in licensed premises (other than a bedroom)—

                  (i)         between the hours of midnight and 2 am unless the minor is accompanied by a responsible adult at all times; or

                  (ii)         between the hours of 2 am and 5 am,

if liquor may be sold in the area at that time.

        (2)         If a minor enters or remains in licensed premises in contravention of this section or in contravention of a condition of the licence, an authorised person may require the minor to leave, and, if the minor fails to do so, may exercise reasonable force to remove the minor.

        (3)         If a minor enters or remains in licensed premises in contravention of this section or in contravention of a condition of the licence, the licensee is guilty of an offence.

Maximum penalty:

            (a)         for a first offence—$10 000;

            (b)         for a second or subsequent offence—$20 000.

Expiation fee: $1 200.

        (4)         If a licensee is charged with an offence against subsection (3), it is a defence to prove that the licensee took reasonable care to prevent minors from entering or remaining in the relevant area of the licensed premises at the relevant time.

        (4a)         If a minor enters licensed premises in contravention of this section, or in contravention of a condition of the licence, the person who permitted the entry of the minor onto the licensed premises is guilty of an offence.

Maximum penalty:

            (a)         for a first offence—$10 000;

            (b)         for a second or subsequent offence—$20 000.

Expiation fee: $1 200.

        (4b)         If a person is charged with an offence against subsection (4a), it is a defence to prove that the person took reasonable care to prevent minors from entering or remaining in the relevant area at the relevant time.

        (4c)         A minor who enters or remains in licensed premises in contravention of this section or in contravention of a condition of the licence is guilty of an offence.

Maximum penalty: $2 500.

Expiation fee: $210.

        (5)         A licensee must not contravene or fail to comply with a requirement under section 113A relating to the display of notices for the purposes of this section.

Maximum penalty: $10 000.

Expiation fee: $500.

        (6)         This section does not apply in relation to the following:

            (a)         minors of a prescribed class;

            (b)         licensed premises of a prescribed class;

            (c)         an area of the licensed premises exempted from the ambit of this section by the Commissioner;

            (d)         any other circumstances prescribed by the regulations.