LIQUOR CONTROL ACT 1988 - SECT 121
LIQUOR CONTROL ACT 1988 - SECT 121
121 . Licensed premises, offences as to juveniles
(1) Subject to this
Act, where liquor is sold or supplied to a juvenile on licensed premises
—
(a) the
licensee; and
(b) any
manager who is supervising and managing the licensed premises at the time the
liquor is sold or supplied; and
(c) any
other person by whom the liquor is sold or supplied; and
(d) any
person who permits the sale or supply,
each commit an
offence.
Penalty:
(a) for
the licensee or a manager, a fine of $10 000;
(b) for
the sale or supply by any other person, a fine of $4 000;
(c) for
anyone else, a fine of $2 000.
(2) A licensee, and
any other person by whom liquor is sold or supplied there, who permits a
juvenile to consume liquor on the licensed premises, whether or not that
liquor was sold or supplied there, commits an offence.
Penalty:
(a) for
the licensee or a manager, a fine of $10 000;
(b) for
anyone else, a fine of $4 000.
(3) Where a person,
acting at the request of a juvenile on licensed premises, purchases or obtains
liquor on behalf of the juvenile on licensed premises, that person and the
juvenile each commit an offence.
Penalty: a fine of $2 000.
(4) Subject to
subsection (5), where a juvenile enters or remains on any part of the licensed
premises —
(a) the
licensee; and
(b) any
employee or agent of the licensee who permits the juvenile to enter or remain
on that part of the premises; and
(c) the
juvenile,
each commit an
offence.
Penalty:
(a) for
the licensee or a manager, a fine of $10 000;
(b) for
an employee or agent, a fine of $4 000;
(c) for
a juvenile, a fine of $2 000.
(5) Subsection (4)
does not apply —
(a) to a
juvenile who is —
(i)
accompanied by, and under the supervision of, a
responsible adult; or
(ii)
on the premises for the purpose of obtaining a meal;
or
(b) to
the presence on a part of the licensed premises of a juvenile at a time at
which —
(i)
entertainment is, with the approval of the Director under
section 126A, provided on that part of the premises solely for juveniles; and
(ii)
liquor is not sold, supplied or consumed there;
or
(c) to a
juvenile engaged in a training course approved by the Director, when so
present in accordance with the requirements of that course; or
(d) to
the presence of a juvenile employed on the premises otherwise than in the sale
or supply of liquor, even if the place where the juvenile is present is a
place which has for the time being been declared to be out of bounds to
juveniles; or
(e) if
section 120 applies.
(6) A licensee —
(a) with
the approval of the Director, may; and
(b) if
so required by the Director, whether or not under a condition of the licence,
shall,
by notices in the form
approved by the Director posted at each entrance to the out of bounds area,
declare the whole or any part of the licensed premises to be out of bounds to
juveniles at all times or at specified times.
(7) Where a juvenile
enters licensed premises or a part of licensed premises declared under
subsection (6) to be at that time out of bounds to juveniles, an authorised
person may require the juvenile to leave the licensed premises and, if the
juvenile fails to do so —
(a) the
juvenile commits an offence; and
(b) an
authorised person, or any other person on the request of an authorised person,
may remove the juvenile from the licensed premises using such force as may be
reasonably necessary.
Penalty: a fine of $2 000.
(7a) A person who
—
(a) has
been required to leave and has left, or been removed from, licensed premises
under this section; and
(b)
remains —
(i)
on any footpath; or
(ii)
in any area subject to the control or management of the
licensee,
that is adjacent to
the licensed premises,
commits an offence.
Penalty: a fine of $2 000.
(8) Subsections (6)
and (7) do not apply to or in relation to a juvenile to whom section 120(1)(b)
or (f), 120(2) or 121(5)(c) or (d) applies or a juvenile who is present at a
place to which section 120(1)(e) applies.
(9) Where a person or
juvenile is lawfully on licensed premises by reason of being in the company
and under the supervision of a responsible adult, if that adult leaves the
juvenile on the licensed premises deprived of his or her company and
supervision without first informing the licensee or an employee or agent of
the licensee the adult commits an offence.
Penalty: a fine of $2 000.
(10) A person who
employs or engages a juvenile in the sale, supply or serving of liquor on or
from —
(a)
licensed premises; or
(b)
premises to which an occasional licence or permit applies, even if they are
not deemed to be licensed premises,
commits an offence.
Penalty: a fine of $10 000.
(11) Subsection (10)
does not apply in relation to the employment or engagement of a juvenile to
serve liquor ancillary to a meal if —
(a) the
juvenile is of or above the age of 16 years; and
(b) the
juvenile’s employment or engagement is approved by the Director; and
(c) the
work carried out by the juvenile is supervised at all times; and
(d)
either —
(i)
the work carried out by the juvenile will be assessed for
the purposes of a prescribed training course being undertaken by the juvenile;
or
(ii)
the juvenile has successfully completed a prescribed
training course the assessment for which included an assessment of the
juvenile’s work while employed or engaged to serve liquor ancillary to a
meal.
(12) This section does
not limit any other right to refuse a person entry to premises or to remove a
person from premises.
[Section 121 amended: No. 12 of 1998 s. 83; No. 73
of 2006 s. 88, 109, 110 and 111(9); No. 56 of 2010 s. 19, 62 and 69.]